Child support is a crucial financial payment that helps sustain the child’s well-being after a separation or divorce. Child support helps to cover education expenses, groceries, clothing, extracurriculars, and therapy. If a parent doesn’t pay child support, there could be a multitude of different consequences. Understanding the consequences of not paying child support is important for the paying parent and custodial parents alike. 

Legal Consequences

Some of the biggest consequences of failed child support payments are the legal ramifications. Legal repercussions could impact your taxes, travel, and property. In extreme cases, a parent could face contempt of court, which could lead to fines, payment plans, or jail time. 

Other legal consequences include:

• Wage garnishment: The government can withhold part of your paycheck to cover the unpaid portion of child support.
• Tax Refund Interruption: Federal and state refunds owed to the non-paying parent can be seized. The return will then be directed to the child and receiving parent as compensation for missed payments.
• License Suspension: Skipping payments could lead to suspension of driver’s license, professional license, or recreational licenses.
• Property Liens: Courts could put a lien on your property until the debt is settled.
• Passport Denial: When your payments exceed an amount over $2,500, the paying parent could be denied a U.S. passport or travel outside the U.S. 

Financial Ramifications

Ignoring your child support payments can cause financial strain in the future. Even if you put off child support payments, these expenses will still add up, leading to large amounts of debt. The financial setbacks of accumulating months of child support payments could affect major purchases in the future. 

A parent who doesn’t pay child support could also experience damage to their credit. Failure to make payments of any kind will be reported to your credit agency and lower your score. This could impact any future loans or credit cards you may apply for.

Emotional Impact On The Child

Child support payments are not only helpful financially for a child, but they can also help foster growth and support developmental activities. As a child ages, they may also begin to understand the subtext of what a child support payment means, therefore attaching the payments to your care/love for them. Children may see financial stress in the home as well, especially if the guardian is working to help support them. Skipping child support payments can leave a child feeling abandoned, stressed, confused, or sad. 

Not only will a child’s emotions be impacted by child support payments, but their financial and educational futures could also be affected. Paying for education and extracurricular activities can be expensive. These are crucial to a child’s social development and their skills for the future. Financial hardship can impact a child for years into the future. 

Can A Custodial Parent Take Action?

 If a custodial parent is not receiving the monetary support that they need, they can take action to receive payment. The first step you can take if you are missing payments is to contact Child Support Enforcement Agencies to help you locate the non-paying parent and enforce monthly payments. 

Another step you can take is to work with your family attorney to look into legal action against the non-paying parent. Your attorney may be able to file with the court or contact agencies for you. 

Filing a motion of contempt is the last step to take in order to force the paying parent to give you the money you and your child are owed. Filing with the court could result in any of the legal actions listed earlier in the blog. The court will order that the child support be paid quickly, or legal actions will be taken.

Child Support Help From KNK Law

Our team at KNK wants to help you have a safe and secure future. Our family lawyers handle divorce cases, child custody, and child support so you can have peace of mind about the outcome. Going through a divorce is not something you want to handle on your own; in fact, it is always recommended to have a comprehensive legal team in your corner. Each lawyer on our team works hard to get you the best results and provide your family with all they will need in the future. Reach out to us or visit our office in Ogden, Utah, to see if we are the right fit for your family.

Child support is often crucial to those who have been through a divorce. Child support payments will help the responsible parent pay for things like food, education, extracurricular activities, clothing, and living expenses. Before you dive into your divorce, there are some things you should understand about child support payments and determination. 

Understanding more about child support will help you get the most out of your ex-spouse payments and protect your children. Read some of the most pressing questions we get about child support to help you understand the payments you could receive.

Do I Pay Child Support For Step Children?

No, in more cases you will not have to provide financial compensation unless you legally adopt these children. If you adopt a stepchild and you later get divorced from your mother or father, you could be liable to pay child support. If you have acted as a legal guardian for any stepchildren for an extended period of time, you could also be obligated to pay child support. 

If you marry someone new who has children from a previous marriage, you will not immediately be required to pay child support to either your new spouse or their ex. 

What If The Paying Parent Loses Their Job?

Even if you lose your job or are laid off, you are still responsible for child support payments. If you want to inquire about modifications to your child’s payments during a hard time, you will need to notify the court immediately. Providing termination notices, unemployment benefits, or other financial documents will help the courts see if your payments can be adjusted. 

If the job loss was voluntary, the court may not approve a modification. When you make efforts to find new work, the court may be more lenient on lowering the monthly payment. The best interests of the child will always be the top priority when it comes to child support payments, even if it puts strain on a parent. 

What If I Have A Second Family I Am Responsible For?

Those who have been through a divorce may have another family they are financially responsible for. If you plan on getting remarried, you may have multiple children that rely on your income. When you have two families that need your income, the child custody agreements you already have through a court system will take priority. Some states will allow the needs of your additional children to be added or considered into your child custody payments. Even if your new relationship has been long-term, the court will always consider what is best for the children. 

If supporting both families is becoming a financial hardship, the courts could consider modifications to your payments. If supporting multiple children and your new spouse is becoming difficult, you can provide financial documents to the court to have them consider lowering your monthly child support payment.

How Long Does Child Support Last?

Most child support payments will be completed until the child is 18 and has the opportunity to support themselves on their own. However, there are some considerations that can extend the timeline of child support. Children with special needs or developmental disabilities can receive child support payments for longer because they need more financial support. 

If a child is emancipated from their parents before the age of 18 payments will stop. When this child wants to leave the family home, become more independent, and break out on their own, your child support agreements may no longer apply. 

Is Income Figured On Gross Or Net Income When Determining Payment Amount?

Most often, child support payments are based on your gross income. Depending on your state, health insurance minimums, federal and state taxes, and other considerations could change the amount you have to pay. Very few states consider net income when determining child support payments. High-income earners may also have caps or different specifications than others. 

Child Support Lawyers With KNK

Kaufman, Nichols, and Kaufman offer support for many legal issues for those in Utah. KNK focuses on divorce cases, child custody, estate planning, and criminal defense. We treat each client like a member of our own family because we know how emotional these cases can get. Our lawyers will be with you every step of the way and communicate about how your case is being handled. If you want to learn more about our legal process, reach out to our lawyers and find the one that is right for you.

The division of assets and property is common during a divorce. Having an equal split is not always possible as there may be tangible assets that can not be split down the middle. Deciding between equal and equitable distribution is something that lawyers and the court system have to navigate. There are many types of property and other factors that will determine if you need equal or equitable distribution. Understanding the difference between the two will help limit conflict during legal proceedings while also ensuring each party feels they received something out of the divorce. 

The Definition Of Equal And Equitable

Equal distribution of property refers to splitting all the assets down the middle. Regardless of either partner’s financial situation, contributions, or specific circumstances, this method will provide each party with 50% of what they owned together in marriage. Equal distribution is most common in community property states which require a 50/50 split for all divorces. 

Equitable distribution of property means that the division is “fair” based on multiple factors. Each party’s needs, earning potential, health, custody, location, and environmental situation will be considered when dividing property owned during marriage. The goal of an equitable distribution is to have a fair outcome that both parties benefit from, but it won’t necessarily be 50/50 in monetary value. One spouse could receive more in the divorce depending on the circumstances. 

The court and legal counsel will be the ones to determine what is fair. They will present the evidence and describe to each spouse why these assets were given to them and not the other. 

Dividing Different Types Of Property

Married couples can accumulate many different assets and property during their marriage. There are also many assets that are not connected to the marriage that may or may not be subject to equal or equitable distribution. Here are some different types of property that could be split during your divorce proceedings. 

Real Property

Land and anything that is permanently attached to it counts as real property. Property that was purchased during the marriage will be considered for division, even if only one member’s name is on the deed. Typically during a divorce, the property will be sold and the money is then divided between the parties. One partner may give the other the money they would have received if the property had sold to claim the property for themselves. Refinancing a home or transferring the deed may need to be done in the division of real property. 

Personal Property

Generally, this is a property that can be moved from place to place. Cars, jewelry, collector’s items, furniture, tools, dishes, firearms, watercraft, etc. When the personal property has a legal title and it was purchased during the marriage, it will be considered for division. The general rule for dividing personal assets is to have each person build a separate home, if there are two of something, each party will receive one. 

Non-Marital Property

Property that was owned before the spouses got married or was received by gift or inheritance will not be considered marital property. Each person in the marriage will get to keep what is theirs that was not labeled marital property. Unless the property has been combined with something that is marital property, it will be given to the original owner. If it was something that was used as marital property, it could be subject to equitable distribution. 

Retirement Plan Or Other Benefits

Payments made to a retirement plan, pension plan, or life insurance policy will typically be regarded as marital property. These assets will be divided equitably meaning that one partner may receive the direct benefits, while the other could receive something of equal value (equity of the home or cash from a property). If there is nothing to give the spouse without the retirement benefits, the court may have to divide it. 

Influencing Factors

There are certain considerations that a court will always take into account when determining whether you need equal or equitable distribution. One influencing factor that was previously mentioned is gifts or inheritance. Inheritances and gifts that were given to a person or a married couple can often be divided equally, so there will be a clearer line of division. 

Courts will also look at the length of the marriage and your future earning potential when dividing assets and property. If they assume that one spouse’s earning potential is higher, the lower-earning spouse could receive more monetary compensation that is more equitable rather than equal.

Other factors that can influence the distribution of property include:

• Health conditions
• Age and lifespan
• Financial contributions to the marriage
• Custodial parenting responsibilities
• Contributes to career bettering or education during the marriage
• Financial standing or debt risk of either partner.

Divorce Help From KNK Law

Many marriages that end in divorce will come with complexities that you could have never foreseen. Divorce can be messy, long, emotional, and financially overwhelming. Our team at KNK wants to help you settle your matters as quickly and efficiently as possible. KNK Law specializes in many areas, but most on divorce and property distribution because we know that an experienced attorney is crucial during divorce proceedings. Helping our clients get what they deserve is our top priority. Reach out to our divorce lawyers to schedule a consultation and see how we can help you.