Child support laws vary to some degree from state to state. Nonetheless, most states have laws similar in terms of penalties for noncustodial parents who do not make their child support payments. In most cases, a noncustodial parent pays child support to a custodial parent or a child's guardian to help financially provide for the child's basic needs. Court-ordered child support is considered an essential responsibility on the part of the noncustodial parent.
Jail Time
Many states have laws in which a parent can be sent to prison for not making child support payments. Even though parents who fail to pay child support can face up to six months in jail, they are still expected to make child support payments while incarcerated.
License Suspended
In most states, noncustodial parents who do not make child support payments can have their driver's license, as well as any professional or occupational licenses, suspended. The court must find that the noncustodial parent failed to obey that state's child support laws. Missed or late child support payments can also show on the parent's credit report.
Financial Hardship
Even in cases when a noncustodial parent is not employed or has declared bankruptcy, the parent still may be required to pay child support, including future payments and those payments in arrears. Hardship does not necessarily prevent a noncustodial parent from facing criminal penalties for neglecting child support payments. Parents who miss child support payments, particularly if they have a history of doing so, can have the payments garnished from their paychecks.
Federal Offense
The Child Support Recovery Act of 1992 makes it a federal offense for a noncustodial parent to intentionally not pay past due child support to a child living in another state. A parent can face possible federal prosecution in cases where civil and state solutions have proved ineffective. The Child Support Enforcement Program is a collaborative effort among local, state and federal agencies, the purpose of which is to help enforce child support orders. Each state has child support agencies, which aid custodial parents in tracking down noncustodial parents and collecting child support from those legally obligated to pay.
Public Assistance
Custodial parents who are receiving public assistance are required to cooperate with the local and state agencies in securing child support from the noncustodial parent, unless they have good reason not to. A custodial parent may not wish to comply with this specific eligibility requirement for Aid to Families with Dependent Children, particularly in cases involving domestic violence or sexual abuse. While a parent who is receiving temporary cash assistance for needy families will automatically receive help from local agencies in tracking down and securing payments from the noncustodial parent, according to the U.S. Health and Human Services Children's Bureau a child cannot be denied aid because the custodial parent fails to cooperate with the child support agency.
Visitation Rights
Although custody and visitation issues are usually settled along with child support, it is important to note that visitation rights and child support do not go hand in hand. A noncustodial parent cannot get out of paying support just because he does not see the child. Likewise, a custodial parent cannot refuse visitation to the noncustodial parent if he fails to make child support payments. The amount of child support paid has nothing to do with how much time a child spends with either parent. While it can sometimes be difficult to keep nonpayment of child support separate from other parenting issues, the terms of the parenting plan are not linked to child support.
