When a single mom is awarded child support they may breathe a sigh of relief. Raising children comes with a lot of expenses, so being able to get that financial help is crucial. But what happens when the dad does not keep up with making child support payments? It is important for single moms to know how to get child support arrears paid. As a single mom, that money is necessary, so you have to take action to get it paid up.
If someone owes you money and they fall behind on paying it then it is called arrears. The amount of money that should have been paid to you, but hasn’t yet, is called arrears. It is common with child support cases for there to be arrears. This happens when the person who is supposed to be making payments falls behind. They may make partial payments or skip payments all together. Those who do not keep up on the child support payments will find that it adds up quickly, and before they know it the arrears may become a bigger number than they feel they can take on.
While the person making the child support payments may feel overwhelmed because of how much is past due, but the single mom will also likely feel stressed. When they do not get the child support payments it can be stressful for them, and they may not be able to pay bills. It is important to know how to get child support arrears caught up and know what to do to make that happen.
How to Get Child Support Arrears Paid
There are several routes you can take to try and get the father to pay the child support arrears. You may have to work with an attorney for some of these options. If you cannot afford an attorney, contact legal aid in your area to see if they can provide you with free or low cost legal services. You can also call your state bar office and ask if there is someone in your area that provides pro bono (free) legal services regarding child support. They maintain a database of attorneys that will provide such services and can refer you to those near you.
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Talk to the Person – If you have a decent relationship with the father it may be wise to first just have a conversation. Ask why the child support payments have fallen behind and ask when they will be current. There may be situations that have occurred that have made the person fall behind, but it will be taken care of soon. This may happen if they change jobs or had a major bill come due, or if they had a major car repair that had to be done. While legally they should not fall behind, if you have a decent relationship with the person it may be something you can be a little understanding and patient about. Of course, this depends on the amount past due, why he has fallen behind, and when he plans to be caught up.
Withhold Income – This is an option that may work for some people, providing the person is maintaining a job. If the person who has been court ordered to pay child support has a job, then you can work with an attorney to have the child support payments withheld from their paycheck. This way the money does not go into their hands, so they will not have the ability to decide not to pay it. The child support payments will be taken right out of the paycheck.
Send Legal Notices – An attorney can send legal notices to the person who owes the child support arrears, to inform them that the funds are behind and that you will be taking legal action to bring them current. This may prompt the person to make the payments to bring the arrears current. The legal notices are not difficult or expensive to send and may let the person know you are serious about getting the arrears. Plus, it serves as proof that you are attempting to bring the arrears current.
Placing a Lien – Working with an attorney, you may be able to place a lien on the person’s property. This will work if the person owes a home, for example. With a lien on the property, they would not be able to sell it without first paying off the lien. Therefore, if they went to sell their home, they would need to pay their child support arrears before they could legally sell their home. If the person does not owe any property then this option will not work. Those who own property will not want to have a lien placed on their property.
Notify Credit Agencies – Everyone needs good credit to purchase major things, get credit cards, and even sometimes get hired at jobs. Having good credit is crucial in today’s world. Working with an attorney, you may be able to notify the credit reporting agencies that the person owes child support arrears. This information will be placed on their credit report, and anyone who looks at their credit report will be able to see it.
Those who are owed child support arrears, but feel they do not need them, can ask the courts to waive them. This may happen in rare cases when the single mother has a good job and no longer needs the child support, or if she is trying to avoid letting her child see the father. It could also happen if so much time has passed that she no longer wants to seek the arrears and has agreed to let them be forgiven and move on. In such a case, she would ask the court to forgive the child support arrears, and then the court would determine whether or not that is possible. If they feel it is, then the person who owes the arrears would no longer have to pay it back.
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