What Happens if a Parent Fails to Pay Child Support?

The Commonwealth of Pennsylvania requires that both parents financially support their child or children. Typically established by the court, a child support order is a mandatory payment that is paid on a regular basis, usually monthly. Generally, the noncustodial parent is usually ordered to pay child support to the child’s other parent.

A failure to meet this obligation is a serious matter. Under Pennsylvania law, nonpayment is punishable by fines, imprisonment, and potential revocation of professional licensure, to name a few. The Domestic Relations Office, which institutes and enforces child support orders, may seek various remedies to collect past due payments.

In this article, our Harrisburg, Pennsylvania, child support lawyers are here to discuss the legal implications of not paying child support and why it is crucial that you fulfill this obligation.

Imprisonment and Fines

Child support is designed to provide for a child’s financial well-being when both parents are no longer together. If you fail to pay child support, you could be held in contempt of court and potentially imprisoned for up to six months. Besides jail time, a judge could impose monetary fines for failure to pay child support, which could be as much as $500.

Alternative Sentencing

Although you may be incarcerated, you may be eligible for work release at the judge’s discretion. Work release will allow you to maintain gainful employment and make support payments. Alternatively, you could be granted six months of probation, which will allow you to avoid prison and remain in the community. However, you will need to report to a probation officer and meet other conditions as ordered by the court.

Revocation of Licensure

If you are three months or more behind on support payments, professional license, your hunting license and your driver’s license may be revoked.

Wage Garnishment

Nonpayment of child support could result in your wages being garnished by the Domestic Relations Office of the Pennsylvania Child Support Program. If you are supporting an additional spouse or child, up to 50% of your wages may be garnished. If you have no dependents, then as much as 60% of your wages could be garnished.

Lien Placed Against Your Home

Under 23 Pa.C.S. §4352(d.1), the Domestic Relations Office may attach a lien to your property for any overdue support payments. If you still fail to make support payments, the court can take action to seize your property. Once payment is satisfied, the lien will be discharged within 60 days.

Tax Refund Offset

The Domestic Relations Office may request an offset of your federal tax refund. This is typically done when you are at least $150 behind in payments. Instead of getting your refund, it will be intercepted by the government and applied to your past-due support payments.

Compassionate Representation from Our Harrisburg, PA, Child Support Attorneys

Nobody anticipates getting behind on support payments, but hard times can happen to any one of us at a given time. At Purdy Law Office, we know that your child’s well-being is a priority to you and your former spouse. Our Harrisburg, PA, child support lawyers are devoted to helping parents who are behind on support payments file petitions to modify current orders to return to good legal standing. If you find yourself under financial strain, do not hesitate to contact our office online or by phone today.