Enforcement of Child Support. If you owe unpaid child support, your child’s other parent has a number of ways to collect the money from you. • Even without a judgment for past-due child support, there are other options for collection, such as automatic wage withholding. Failure to Pay Child SupportChild support is intended to provide for a child’s needs, from housing to food to clothing and even extracurricular activities. It’s not payment made to the custodial parent in exchange for caring for the child, although most states don’t regulate how the money is actually used. Only 43.5% of the children who are owed child support money regularly receive full payments, according a Census Bureau’s Custodial Mothers and Fathers and Their Child Support 2018 report. Failure to pay child support is a federal offense in the Utah, and noncustodial parents who fail to pay face several penalties. Utah Driver’s License SuspensionAll states ask if you pay child support as a part of their driver’s license renewal process, and local child support agencies regularly report to the Division of Motor Vehicles when a parent falls behind on support payments. This allows the state to quickly check and enforce this first-step penalty for failure to pay. Utah Wage GarnishmentThe state will contact an employer directly and have the company take support payments out of a parent’s paycheck under a court-issued Default Judgment and Wage Garnishment Order. The money is then sent to the state for transmittal to the custodial parent. Utah Fines and PenaltiesSome states also charge additional fines and penalties for unpaid child support. Parents who fall far behind on regular payments can wind up owing tens of thousands of dollars. Utah Denial of PassportsDelinquent parents could find that they’re unable to obtain passports. The state can prevent them from obtaining or renewing them, limiting the ability to travel for work or leisure. Dismissal From Military ServiceNoncustodial parents in the military who fail to pay child support can be dismissed from military service as a consequence for nonpayment. Jail Time In UtahImprisonment is usually the last resort for failure to pay child support. The duration of the sentence can vary by jurisdiction, but parents are usually released as soon as all child support arrears are paid. Unfortunately, the parent can’t work during a period of incarceration. Parents who go to jail for nonpayment rarely emerge from jail better equipped to address the issue. Utah Federal PenaltiesParents can also be convicted of a federal offense under Section 228 of Title 18 of United States Code in cases where they owe child support and move to a different state. The federal government must prove several things in order to secure a conviction under this law: Failure to Pay Due to Financial Hardship In UtahThere are times when a parent simply can’t make child support payments due to unexpected job loss or another legitimate hardship. Parents should never simply fail to make child support payments altogether when this happens. They should communicate with the co-parent and with the state about the underlying issue. Parents who struggle with support payments can seek formal child support modification through the courts. In the meantime, they should continue to provide support in other ways to the extent possible, such as by providing clothing, food, medical care, or child care. How to Not Pay Child Support In Utah• Understanding Child Support Calculations: Understand the purpose of child support. Child support is designed to allow a child to enjoy a standard of living that is approximate to what he or she would have enjoyed had the parents lived together. Child support may be ordered when the parents are separated, have never lived together, or are in divorce, dissolution of marriage, annulment, or in the midst of paternity and legal separation cases. Typically, it is paid to the parent with whom the children spend the majority of their time. Child support is not alimony. The purpose of alimony is to rehabilitate or support a former spouse. Though the other parent may financially benefit from child support payments, the purpose of the payments is to benefit the children who no longer live with you. Once set, child support payments can only be modified by court order. Utah Obtaining Custody of Your Children• Understand what you need to prove at court: Another way to stop child support payments is to obtain custody of the child. If you ask for custody, the court will look to a variety of factors to determine what is in the child’s “best interests.” These factors will differ by state. They will be listed in either a statute passed by the legislature or in a court opinion issued by your state supreme court. Courts will look at different factors, depending on state. Utah, for example, considers: the love and affection existing between the parties and the child; the ability and willingness of the parties to provide food, shelter, clothing, and medical care; moral fitness of the parent; stability of the custodial environment; and mental and physical health of the parties, among other factors. Among a variety of factors, Utah considers the wishes of the child; the child’s adjustment to home, school, and community; the mental and physical health of all individuals involved; as well as the interaction and interrelationship of the child to each parent and to siblings. To find the specific factors for your state, search online for “best interests of the child” and then your state. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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