The Implications of Non-Payment of Child Support and Government Involvement

The Implications of Non-Payment of Child Support and Government Involvement

If you choose not to pay child support, you are not only failing in a significant legal and moral obligation but also putting the well-being of your offspring at risk. The consequences can be far-reaching, involving not only legal actions but also financial penalties and government intervention. This article explores the ramifications of non-payment and explains why taxpayers should not have to bear the burden for your responsibilities.

Consequences of Non-Payment

If you are capable of paying child support but choose not to, significant consequences can ensue for your children and your personal finances. Your children may experience poor nutrition, fail to receive adequate medical care, or have basic necessities like clothing and supplies not met. When the custodial parent needs financial support to raise the children, they might apply for government assistance programs like Food Stamps and welfare. Suddenly, the state becomes the primary payer, meaning you have a legal obligation to pay this support.

Legal Actions and Financial Penalties

The state will serve you with a legal summons to attend a contempt hearing, where you can be judged for your failure to pay. Financial penalties are likely to be imposed, and you will be required to pay child support moving forward. If you ignore the court, you might face jail time. The state can take numerous actions to collect the owed amount, including:

Garnishing wages Adding fines and interest to what you owe Putting liens on bank accounts, retirement accounts, and other assets like property and vehicles Suspending your driver's license Issuing a bench warrant for your arrest Suspending professional licenses or business licenses Issuing a passport ban, rendering you ineligible to renew or obtain one Reporting missed payments to credit bureaus

In severe cases, non-payment of child support can lead to felony charges. If you receive an inheritance or win the lottery, the state can assert liens on these funds. Even at retirement, your Social Security benefits might be garnished up to 50%.

Public Recognition and Scrutiny

In some states like Michigan, the Michigan government can take additional actions to publicly shame non-paying parents. For example, they can place your name and picture on public electronic billboards—much like a "Wanted" poster—near well-traveled roads. This is intended to publicly shame individuals and encourage them to comply with their financial obligations.

Does Government Assistance Involve IOUs?

Interestingly, if your child is receiving government assistance, the state will view the arrears as an IOU. Similar to the IRS, the government would not simply accept the defaulted payments. If you are employed and the child is on government assistance, you can expect the state to pursue enforceable measures to recover the support.

Child Support as a Continuous Obligation

Child support agreements can be complex and may continue past the child's 18th birthday, depending on the terms. However, if there is any outstanding balance, this must be paid in full. If the other parent forgives the debt through court action, or you die, it may still be recoverable. At the time of your death, the other parent can sue your estate for the unpaid balance.

Child Support and Bankruptcy

One more critical aspect to consider is that child support cannot be discharged in any form of bankruptcy. The legal obligation remains irrespective of your financial situation. This ensures that your children continue to receive adequate support and helps to uphold the integrity of the legal system.