How many weeks behind in child support do you have to be before you can be taken back to court?

Answer 1

Every State's laws are different for child support issues, although Federal Law allows one State's court order to be enforced across state lines.

First-time non-compliance

Generally speaking, most courts give the parent who's ordered to pay support some 'good faith' time to remit the current payment due. Some states give up to 2 months for the support-parent to make the first missed payment. Then, typically, if the case is handled by an Enforcement office, the enforcement officer sends a letter stating the obvious (You are in arrears) with the dollar amount and due date. If the support-parent fails to respond, the Enforcement office turns it over to the Court. The Court issues a demand to appear in front of the Judge. If the person appears, he or she may get nothing more than a threat of jail, but the Judge's order should not be taken lightly because if non-compliance continues, penalties become more than threats.

Chronic non-compliance

Courts often seem to have the hands and feet hobbled (e.g. tied like farmers hobble a animal). They must motivate a support-parent to get employment, stay employed, pay the money, pay on-time, or-- all of the above. Courts don't like to put non-paying parents in jail (although it IS an option) because the theory is, if a parent is not working it's hard to pay support. So they try to enforce orders without jail-time.

However, since non-support affects the lives of children and because courts detest "contempt", Judges will issue a bench warrant to appear in order to put some weight behind what's in a letter or court order. Judges do issue arrest warrants when non-payment becomes a chronic issue. A sherrif, usually, is sent to pick up the "offender" and bring the person to the Judge. The Court can then order the person directly into jail... or make a different ruling depending on what the "defendant" has to say.

Judges also have the authority to order a person to live in a half-way house until the defendant gets a job and makes consistent payments.

If you are a support-parent and have trouble making a payment, communication is crucial. Contact everyone involved about your situation. However, remember, every day you don't pay hurts your kids. Payment has nothing to with visitation; your kids must eat regardless. Non-payment is inappropriate to "get back" at an ex-spouse or ex-lover; the custodial parent's main concern is feeding and clothing the children, which is what support helps to do.

If you are the custodial parent facing lack of checks, make sure you notify the right people as soon as you have given enough time for payment to arrive. Enforcement offices use guidelines about "late" payments, so you may have to wait 30-90 days before they act. That doesn't mean the support-parent has gotten away with anything, because the Judge is still the person in control.

Sadly, every day, children suffer because the non-custodial parent refuses or neglects to support the children.