Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

What are the legal collection methods for unpaid child support?

I owe back child support and am paying through a wage garnishment.

Can the child support enforcement agency also freeze or garnish my bank account to take those assets as well?

Question:

I owe back child support payments due to an arrearage building up when my children were younger and I was unable to pay.

Recently, the child support agency has notified me of my outstanding balance for past child support obligations, even though my children are in their 40s now.

Since I am now retired, can the state intercept and garnish my social security payments for purposes of paying off my child support arrears?

By Jennifer M. Paine

Mens Divorce Attorney, Cordell & Cordell

My previous divorce article discussed if child support collection practices are fair.

What you'll find is that divorced dads who fall behind on child support payments are thrown into a vicious cycle of collection methods that never seem to end.

To avoid that cruel cycle of interest, penalty, refund intercept, hearing, incarceration, and then back again, here is what can, and should, be done.

By Jennifer M. Paine

Mens Divorce Attorney, Cordell & Cordell

Ever feel like you cannot get out of the cycle of child support collection? You may have fallen behind and just got caught up – and then, wham!

Suddenly, you receive a notice for a tax refund intercept, a notice for a hearing to explain why you have an arrearage, an income withholding order that can take away up to 65% of your pay, a passport revocation letter, a boot on your car, or a combination of these things.

For many guys, this a cycle that keeps on going, and going, and going, until their children are grown adults, living out of home and having children of their own.

Child support collection becomes the task of a state worker with one goal in mind – to have you paying the state in interest and penalties, for years and even decades after your child support obligation terminates.

But is this fair?

Question:

I know verbal agreements to pay a different child support amount usually do not hold up in court, but what if the couple had a written and notarized agreement?

As my income decreased over the years, my ex-wife and I agreed that I would pay her a lower amount of child support than what the court ordered. I have a notarized agreement documenting her acceptance of less child support.

Now she claims I owe her back child support since I did not pay the full court-ordered amount.

Will the notarized agreement allowing me to pay less child support hold up in court or am I on the hook for child support arrears?