I recently posted about timing of initiating an action to collect child support arrearages. This post will focus on the relief for remedies which may be obtained against a child support obligor who has fallen behind in his child support obligations.In a case to enforce child support brought by a private attorney, typical remedies in a child support enforcement case include awarding a judgment for all unpaid child support and accrued interest, awarding judgment for any attorney’s fees and costs the judge determines are warranted, and ordering a monthly payment toward the arrearage judgment. In addition, if the judge finds that the person ordered to pay support had the ability to pay but wilfully refused to do so, the judge may hold the obligor in contempt of court. The judge may even order that the obligor be incarcerated until he purges the finding of contempt by paying some or all of the arrearage obligation.Once the judgment is secured, it may be enforced as any other judgment. Any payment on arrears ordered by the judge is not the exclusive remedy. For example, the obligee could pursue a wage garnishment to collect on the judgment IN ADDITION to any wage assignment issued by the family court so long as the garnishment does not violate federal limits (no more than 50% of net pay may be garnished). The obligee can also collect on the judgment by attaching/taking non-exempt assets belonging to the obligor.In cases brought by DES, some additional remedies are available, which may include taking away the obligor’s driver’s license, hunting license, and/or professional licenses. When an obligee pursues the State’s services in collecting child support, however, there is a tradeoff. As might be expected, DES is overloaded with requests for assistance in pursuing child support arrearages, so it can take months or years for a DES-filed case to make its way to a court hearing.
Copyright © 2011 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.
