A child support obligation of a non-custodial father is the result of a court order. The failure to comply with the financial obligation to support his child renders a father in non-compliance with an order of the court. Because the responsibility of a father to satisfy fully his financial obligation to a child is significant, the failure to pay past-due child support potentially results in serious consequences.
Function
The underlying function of child support is to ensure that a child's essential needs are satisfied through a shared obligation involving both parents, according to the American Bar Association Section of Family Law. Consequently, a non-custodial father faces a major responsibility to make child support payments as ordered by the court and to be as proactive as possible in resolving an arrearage.
Time Frame
A father who happens to fall behind in child support payments for his child must take immediate action to rectify the situation. For example, if a father loses his job and cannot fully meet his child support obligation, he must contact the individual assigned by court to monitor his child support payments. In most cases involving child support, an individual either associated with the court itself or on the staff of an agency charged with child support enforcement is assigned to an individual case.
Misconceptions
A recurring misconception about a father's responsibility to resolve a past-due child-support problem is that the situation is not significant enough to expose him to serious consequences. In layperson's terms, many people assume that dealing with child support arrearages is not a major issue for most courts. In fact, the exact opposite is the case in most jurisdictions. Significant penalties can be placed on a father who ends up delinquent in child support payments. These include everything from additional monetary assessments to jail time, according to Critical Child Support Laws.
Arrearage Plan
Court officials and child support enforcement and collection agencies generally will negotiate with a father to develop a plan of action to resolve an arrearage, according to "Child Support: Your Legal Guide" by Mary L. Boland. In other words, if a father demonstrates a willingness to work to resolve the issue in a responsible manner, court officials or enforcement agents are willing to develop a reasonable past-due child-support payment plan. A typical plan is adding an amount to the usual recurring child support obligation to permit the repayment of the arrearage over time.
Expert Assistance
Recognizing the significant repercussions for a father facing issues arising from a back- or past-due child-support obligation, legal representation often is necessary to protect a father's rights and interests. Lawyers who practice family law include dealing with child support matters within their specializations. The American Bar Association maintains a registry of local and state bar associations (see Resources) that provide consumers with lists of lawyers in different practice areas, including family law.
References
- Critical Child Support Laws
- American Bar Association: Section of Family Law
- "Child Support: Your Legal Guide"; Mary L. Boland; 2004
