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Child support is assessed and assigned by the court based on several essential factors, including both parents’ income and time spent parenting the child. Unfortunately, it can be a point of contention between many parents. The parent who has to pay child support may resent those payments or lack the income to readily make payments on time, leading to late or even unpaid support.
If you find yourself struggling to get your child’s parent to pay child support in a timely manner, contact a Fort Mitchell child support enforcement lawyer at BFZ Law to help get things back on track.
Prompt Action Is Essential
Kentucky Revised Statutes § 403.215 requires judges to order a direct income deduction for child support. Under this system, the paying parent’s employer takes the child support payment directly from their paycheck and sends it to the receiving parent. However, sometimes a parent changes jobs, is self-employed, or convinces the judge that direct payment in unfair in their specific case. These parents might fall behind in their child support payments.
A receiving parent might allow a missed payment or partial payment to slide. They may be wary of antagonizing the co-parent. However, once a parent has accumulated arrears, it becomes harder for them to catch up, and child support enforcement becomes more challenging. It is best to talk to the paying parent about the situation immediately. If they refuse to bring their child support payments up to date, the receiving parent should contact a Fort Mitchell attorney for help enforcing the order.
Sometimes, in an effort to assert control of the situation, the co-parent might keep their payments current but make receiving them difficult. The paying parent might force the receiving parent to ask for the money every month or try to exert control over how the money is spent. A proactive legal professional can intervene to set limits and protect a receiving parent’s rights.
Taking Action to Enforce the Court’s Order
There are two options for people trying to enforce a child support order—working through the Commonwealth’s Child Support Enforcement office or working with a private attorney.
Child Support Enforcement Office
The child support enforcement office works with all parents who receive public assistance to ensure they receive their child support payments timely. Parents who do not receive public assistance can apply to the office for help enforcing their child support orders.
Child Support Enforcement collects a nominal fee when they are successful in obtaining payment of the support obligation. However, the service is provided by a government agency. Therefore, results may be slow and staff may seem unresponsive.
Private Attorney
Parents seeking to address the arrears immediately should consider contacting a seasoned child support enforcement lawyer in Fort Mitchell. A qualified legal professional can file a court petition seeking to hold the parent in arrears in contempt and force them to bring the arrears up to date.
Judges have many options to enforce child support orders, including:
- Taking the money directly from the paying parent’s bank account
- Deducting child support from unemployment or Workers’ Compensation payments
- Intercepting their tax refund
- Suspending the parent’s driver’s license, hunting or fishing license, and concealed carry license
- Putting a lien on the paying parent’s property
- Booting their vehicle until the arrears are brought up to date
In extreme cases a judge could order a delinquent parent to jail until they have brought their payments up to date.
Talk to a Fort Mitchell Child Support Enforcement Attorney
Dealing with child support challenges can feel incredibly stressful and draining. Dedicated legal counsel can ease some of that burden and ensure that you understand both your rights and your child’s.
Reach out to a Fort Mitchell child support enforcement lawyer at BFZ Law to learn more about how to manage child support disputes.
