Serving those in Clark County; including Vancouver, Camas, Washougal, Battle Ground, Ridgefield, La Center, and more.
When a parent falls behind on child support payments, it can create financial strain for the other parent and disrupt the well-being of the child. At Keystone Family Law, we know how frustrating it is to deal with unpaid child support, and we’re here to help parents in Vancouver, Washington, get the support they’re owed.
Fortunately, the legal system provides several options to hold non-paying parents accountable and recover missed payments.
Child support orders are legally binding, but that doesn’t always mean the paying parent follows through. Whether the non-paying parent is refusing to pay or struggling financially, there are legal avenues to enforce child support obligations.
Below, we’ll go over the enforcement options available and how they work so parents can take the necessary steps to secure the financial support their child deserves within the context of family law.
When a parent stops making child support payments, there are multiple ways to take legal action. Here are some of the most effective enforcement options:
Income withholding: Also known as wage garnishment, this process involves deducting child support payments directly from the non-paying parent’s paycheck. Most child support orders include an automatic income withholding provision, but if payments stop, the state can issue an additional withholding order.
Contempt of court: If a parent refuses to pay child support despite having the financial means to do so, they can be held in contempt of court. This may result in fines, wage garnishment, or even jail time.
Tax refund interception: The state can seize a non-paying parent’s tax refund and apply it toward unpaid child support. This is a common enforcement tool used when child support arrears have accumulated.
License suspension: A parent who fails to pay child support may face suspension of their driver’s license, professional license, or even their passport.
Liens on property: The state can place a lien on the non-paying parent’s home, vehicle, or other assets. If they try to sell the property, the lien must be paid before the transaction can proceed.
Bank account seizures: If a parent has funds in a bank account, those funds can be seized and applied toward unpaid child support.
Denial of government benefits: Some non-paying parents may be ineligible for government assistance programs until they catch up on child support payments.
Interstate enforcement: If the non-paying parent moves out of state, federal law allows for child support enforcement across state lines. This assures that relocation doesn’t exempt them from their financial responsibilities.
Lottery winnings interception: If a non-paying parent wins the lottery, those funds can be intercepted and used to pay overdue child support. This applies to other large financial windfalls as well.
When one enforcement method doesn’t work, multiple approaches can be used together to compel payment. The goal is to make it difficult for the non-paying parent to avoid their financial obligations while securing the necessary support for the child.
The Washington State Division of Child Support (DCS) plays a significant role in enforcing child support orders. Parents who aren’t receiving their payments can contact DCS for assistance with enforcement actions. The agency has the legal authority to initiate wage garnishments, suspend licenses, and intercept tax refunds, among other measures.
If a non-paying parent moves to another state, DCS can work with child support agencies across the country to track them down and collect payments. This interstate enforcement process helps parents in Washington secure child support from parents who relocate to avoid their obligations.
Beyond legal enforcement methods, there are additional consequences that can make it more difficult for non-paying parents to continue avoiding their financial obligations. Some of these consequences include:
Damage to credit score: Unpaid child support can be reported to credit bureaus, lowering the non-paying parent’s credit score and making it harder for them to secure loans or credit.
Potential jail time: While courts prefer financial penalties over incarceration, repeated non-payment can lead to jail sentences in extreme cases.
Public record of non-compliance: Some states publish lists of parents who are delinquent on child support payments, creating a social and professional deterrent.
Denial of vehicle registration renewal: In some cases, states may prevent non-paying parents from renewing their vehicle registration until child support obligations are met.
These additional penalties are designed to encourage compliance and emphasize the importance of meeting child support obligations.
If DCS enforcement measures aren’t enough, legal action may be the next step. Working with an attorney like Courtney Himes can help parents explore additional legal options, such as filing a motion for contempt. This can lead to more aggressive consequences for the non-paying parent, including court-ordered payment plans or even incarceration in extreme cases.
Before taking legal action, it’s important to document the missed payments, any communication with the non-paying parent, and the steps already taken to collect support. Having strong records strengthens the case and helps the court enforce the order more effectively within the confines of family law.
Taking proactive steps can make it easier to enforce child support payments. Here’s what parents can do:
Keep detailed records: Track all child support payments, missed payments, and communication with the non-paying parent. Having clear documentation makes it easier to present a case in court.
Contact DCS as soon as payments stop: The sooner DCS gets involved, the faster enforcement measures can be put in place.
Discuss additional legal options with an attorney: If state enforcement methods don’t work, consulting a family law attorney can help determine the best legal course of action.
Consider modifying the child support order if necessary: If the non-paying parent has lost a job or experienced a significant financial change, modifying the support order may be an option instead of facing repeated missed payments.
Stay persistent: Child support enforcement can take time, and non-paying parents often try to avoid their obligations. Consistently following up with DCS and legal professionals increases the likelihood of receiving payments.
Work with a private investigator if needed: If a non-paying parent is intentionally hiding income or assets, hiring a private investigator can help uncover financial resources that should be applied toward child support.
Use electronic payment tracking: Setting up automatic payments or tracking tools can help document payments and provide proof of non-payment if issues arise.
Judges take child support enforcement seriously, and parents who repeatedly refuse to pay may face severe consequences. Courts consider the non-paying parent’s ability to pay and their reasons for non-payment before determining penalties.
If a non-paying parent claims financial hardship, the court may order a modified payment plan rather than punitive measures. However, if they deliberately avoid payments, judges can impose fines, garnish wages, or even issue jail sentences to encourage compliance.
In some cases, courts may also order additional penalties such as mandatory financial counseling or require the non-paying parent to seek employment if they’re unemployed. This helps make sure they have the means to meet their child support obligations moving forward.
Enforcing child support orders isn’t always straightforward, but parents in Vancouver, Washington, and all the cities in Clark County have legal options to secure the financial support their child needs. There are ways to hold non-paying parents accountable.
At Keystone Family Law, we’re committed to helping parents through every step of the process to make sure child support obligations are met. Contact us today.
When a parent falls behind on child support payments, it can create financial strain for the other parent and disrupt the well-being of the child. At Keystone Family Law, we know how frustrating it is to deal with unpaid child support, and we’re here to help parents in Vancouver, Washington, get the support they’re owed.
The decision to file for divorce is never easy. Many couples spend months or even years trying to work through their differences before reaching a final decision. While some marriages improve with time and effort, others reach a point where legal action becomes necessary.
Child custody cases are never easy, especially when emotions run high. Parents are often left wondering what will determine who gets custody of their children. If you’re going through a custody dispute in Vancouver, Washington, understanding how courts make these decisions is essential for preparing your case and protecting your rights.
