Collecting Back Child SupportDo you have questions about collecting back child support? There are various methods for collecting past due child support. The first place that many people start is with their state's Child Support Enforcement Division (CSED). Federal law requires that the services of the CSED in each state be made available to anyone who requests them. You can find out more about the process in the "Handbook on Child Support Enforcement" from the Department of Health and Human Services, Office of Child Support Enforcement. The state attorney's office can also help enforce court-ordered child support by bringing suit against the obligated parent. Private attorneys may be used to help collect past due amounts by bringing contempt of court charges and serving wage assignment orders. There are also private agencies that offer services for collecting back child support. If you do decide to use a private child support collection agency, read all the paperwork very carefully before signing the collection contract. Below you can find answers to the most common questions asked about collecting back child support:
Back Child SupportHow do you seize tax refunds for collecting back child support? Lenore's Question: How do I go about putting some sort of claim on my ex husband's federal tax return? He is in arrears of over $6,000 and went about 8 months last year with no payment. Can I do something to put a claim on his tax return? Brette's Answer: Contact your state child support enforcement office for help with collecting back child support. Where does the money go if a tax refund was seized for support? Chris's Question: Where and who gets any back child support. I was 8,000.00 behind and they have taken my tax refund for the last two years, but my ex says he hasn't received it. Brette's Answer: You need to get in touch with your state child support enforcement agency. They will have records. If your tax refund was taken, it should be applied to your account. If you don't want that to happen again, you need to adjust the amount you're having taken out of your pay. »Return to top Can a bank account be seized to pay delinquent child support? Rachel's Question: My husband is paying support for 2 children from a previous relationship. He recently became unemployed and I am the only one working to support all of us. I have heard that if we don't pay his child support, the IRS could wipe out our joint bank account to keep paying his arrears. Is this true? Can we get his child support obligation reduced based on his unemployment compensation? Brette's Answer: He should file for a modification based on the change in employment. The IRS would not take your bank account, but the court could certainly order that those assets be seized. If he fails to pay child support his tax refund can be taken - that's where the IRS comes into play. Will he still be responsible for back child support after we turn 18? Rachel's Question: My father owes us nearly $100,000 in back child support. My brother turns 18 in a couple of months and I will in a couple of years. Will my father still be responsible for the money he owes us even after we turn 18? Brette's Answer: Your father owes the money to your mother, not to you, and she is the only one who has the right to collect it. He is still responsible for back child support even if you are 18. Can the child forgive any back child support that is owed? Jasmine's Question: If a child becomes emancipated (turns 18) and child support is owed in that child's case, is that child able to forgive all or some of the back child support that collected? Brette's Answer: No. The child has no legal standing in that lawsuit and is not a party to it. Child support is owed by one parent to another. »Return to top Is the child entitled to the back child support that is owed? Travis' Question: I just turned 18 and my mom has kicked me out of the house. The courts have ordered my dad to pay the back owed child support. Am I entitled to any of it since I'm not living with my mom anymore? Brette's Answer: Sorry, no. Retroactive child support is for the past - when you were living at home and being supported by your parents. Will he still owe back child support if he gets custody? Erin's Question: Does a father have to pay back child support if he ends up getting custody? If he does get custody, how will that affect the child support order? Brette's Answer: He owes the back child support no matter what. If he gets custody, he can get the current order changed so he is owed support. » Return to top of Collecting Back Child Support Copyright WomansDivorce.com. All rights reserved.
Related Articles: Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce
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