However, increased combined net income also increases the basic child support obligation to be divided between the parents. A change in circumstances after a divorce should be expected for both the parents and children involved. The court will also make sure that the modification still meets the child’s needs.The specific process for requesting a child support modification depends on your jurisdiction. "First, the petition must show a substantial change in circumstances related to income, the custody schedule, or the child’s needs," Moore say

For example, child support that’s two years or more overdue may take the contempt of court charge from a misdemeanor to a felony. If the parent owes other government debts, the parent’s tax refund will go to pay those debts before going to back child support. Generally, the state holds joint tax refunds for six months before applying them to support payment history and receipts back child support. To get that portion of the tax refund, the spouse can file an injured-spouse form with the Internal Revenue Service (IRS). For the child custody and parenting time part of court orders, judges will make decisions in the best interests of the child.
Paternity in North Carolina


In many counties, the Friend of the Court will also need to review and approve your proposed order before the judge can sign it. In other courts, you will need to fill out the proposed Uniform Child Support Order on your own before filing it. A proposed order becomes a final court order if the judge signs it. You can find more details about each process in the next section. This article refers to the plaintiff and defendant(s) in a child support case as parties. This article has information about the different ways to change child suppor

Let’s just say, my checks had plenty of threesomes, and I’m sad to say, but my quill pen got more action than I did! We loving fathers must "snail-mail" or perhaps even more efficiently "deliver" handwritten checks to Child Support Enforcement offices’ mail slots. And, whereas private citizens like you and I have come to rely on these relatively newfangled tools and automated systems, our government agencies have been slower to adopt the technology.

State child support offices can intercept parents’ state tax refunds and apply them to back child support. Most others use an income-shares method, which takes into account the income of both parents. Some states calculate the child support amount based on the income of the noncustodial parent. Usually, support payment history and receipts a parent’s income plays a role in the decision, as does the number of children. Unfortunately, some obligor parents don’t make their scheduled child support payments. Under most parenting agreements, one parent will pay the other parent as part of a court order, even if both parents share custody.
When that happens, the non-custodial parent should find a lawyer and go over the options for adjusting the order. There can be stiff penalties for a parent who is unwilling to pay child support. When a parent outright refuses to contribute, even with a court order directing them to, it can create a lot of stress and frustration for the custodial parent. In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.
What Are the Penalties for Failing To Pay Child Support?
If you get an attorney on the case, however, this can help the case get to court faster and produce faster successes. If the non-paying ex has moved out of state, it is possible to take your Massachusetts child support order to that other state in order to start enforcement actions. Through the Payment Intercept Program, the Department of Revenue can also take insurance claims from the paying parent in order to pay their overdue child support, the DOR and insurance companies making sure that children get the money owed them. This may require you to take him or her to court, depending on the situation. Outside of those countries, there will be a lot more legal hoops to jump through, but with the help of a knowledgeable lawyer and some federal resources, it can be done.


If these methods do not resolve the outstanding balance, once $2,500 or more is owed in back child support, noncustodial parents may lose their ability to maintain active licenses such as driver’s, hunting, job-related, and more. If the custodial parent hires an attorney to bring a contempt action against the noncustodial parent, they will also likely ask the court to order the noncustodial parent to pay their attorney fees and costs of litigation. A contempt of court action for failure to pay child support is one in which the parent who’s owed money files a motion asking a court to hold the obligor responsible for not following the existing child support order. Most of the time, the child support enforcement agency will attempt at least one of these methods before taking the more serious step of filing a contempt of court case against the obligor. When parents who are supposed to pay child support (the "obligors") fail to pay the full amount, they risk being in "arrears." This type of unpaid child support is also called "back" child support. After being arrested for failing to pay back child support, a noncustodial parent could find it even harder to earn the income necessary to resolve financial and legal problem