How Is Child Support Enforced?
A child support agreement can be enforced by government agencies, paycheck withholdings, private collections agencies or court orders.
When a Utah couples end a marriage, there are a lot of factors that need to be considered. According to the Public Health Data Resource, there are 3.6 divorces per 1,000 residents over the course of a single year. Whenever children are involved in a marital divorce or separation, parents need to come up with a custody and child support agreement. The mother or father, or in some cases both parents, may have to pay support to ensure the children are taken care of. If a parent fails to make his or her payments in a timely manner, the child support agreement may have to be enforced.
Through government programs
The Office of Recovery Services (ORS) can help to make sure children in a divorce maintain a living standard. This branch of the Department of Human Services can enforce the payment of both child and medical support. This allows the payments to be made even if the two parents are not on speaking terms. The agency may enforce payments from both parents if neither have custody of the children after a marital separation.
Withheld from paycheck
In the past, those people who missed payments or made them late may have their child support taken directly from their paycheck before they have access to the money. Today, however, even nondelinquent parents may have their child support obligations withheld directly from their paychecks. This is viewed as an easy way to make and/or insure payments. Many employers across the state can withhold this money, but it may not be an easy option for someone who works at a small company or who is self-employed.
Through a contempt proceeding
Most child support agreements result in a court order from a judge. If the payments are not made in accordance with the order, the court may make a judgment on the delinquent parent to pay the money owed, create a jail sentence or fine the delinquent parent. While both parents are legally obligated to follow a court order, the custodial parent cannot withhold visitation time even if the other parent is not upholding his or her support payments.
In Utah it is wise to contact an experienced divorce and family law attorney in these situations. Experienced counsel can talk to you about contempt proceedings and how an Order to Show Cause can be filed on your behalf. The attorneys at Kristopher K. Greenwood & Associates have decades of experience in this and can help you collect what you are owed. Call us today!