Child Custody

Can a Parent Refuse to Pay Child Maintenance?

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By Lonnie Nelson
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Can a parent refuse to pay child maintenance

If a parent does not pay child support, the Courts do not have the authority to suspend or terminate the payments. However, falling behind on your payments can cause you to lose your credibility. To avoid this situation, make sure you keep track of your payments.

Resident parents pay child support

If you are a resident parent, you can file an application for child support in the Family Court in your home county. Parents who live in different counties can file an interstate case. This is done under the Uniform Interstate Family Support Act.

Whether you have a private arrangement or need a court order, you are able to ask for a cost of living adjustment. You may also request that a warrant for arrest be issued against your non-resident parent.

Most national child support laws recognize that every parent has an obligation to financially support their children. However, the amount of child support is different from jurisdiction to jurisdiction. Some jurisdictions will allow you to decrease your support payments if you are able to provide for your children. Another way you can lower your child support is to reduce your contact with your non-resident parent.

A non-resident parent can also stop or delay payment of child maintenance. He or she can do so by stopping payments from the date of the application. In some cases, a parent can be ordered to pay 17% of his or her income as child support.

Non-compliant obligors are subject to professional license suspension and other penalties. These include revocation of their licenses. The Child Maintenance Service is a government service that arranges and pays child support.

Courts have declined to suspend or terminate child support

Child support is a legal obligation that applies to all children living in the United States, regardless of their citizenship or immigration status. If the parent who is responsible for paying child support fails to do so, it may be necessary to bring the non-payer to court.

The court can require the non-payer to pay a fine, serve time in jail, or even go on probation. However, the court may also order the non-payer to pay a specific amount of money toward a child’s post-secondary education expenses. Depending on the circumstances, the court has the authority to make this award retroactive.

In some cases, the court will assign a free lawyer to the parties. However, this occurs only if the party is in danger of going to jail. Otherwise, the party can speak for himself or herself.

If a party is ordered to pay a specific amount of child support, he or she must show proof that the payment will be made. This may include proof of income, proof of expenses for the child, and proof of child care costs.

If the non-payer has a substantial change in financial status, a court may be more willing to impose penalties and sanctions. Specifically, the court may determine that the non-payer is in contempt of court. There are other penalties that may be levied, such as a lien on the vehicle, a boat, or aircraft.

Uncontested Divorce
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