Demand and Collect Back Child Support In 3 Steps
It takes a lot of money to raise a son or daughter these days. Accordingly, many custodial parents must have child support in order to survive. If the other parent owes back child support, meeting your family's basic needs can be a challenge. Collecting past-due support through the court system is often a long, drawn-out process, but DoNotPay aims to significantly reduce your wait time.
How to Collect Back Child Support on Your Own
If you are owed back pay for child support, you don't have to just throw in the towel. There are several options available for collecting the money you're owed, and those choices could vary slightly depending on where you live.
Contact a Child Support Collection Agency
Under the Child Support Recovery Act (CSRA), it is a federal misdemeanor for anyone to "willfully" refuse paying back child support. Furthermore, the law makes it a federal felony to evade child support by moving overseas or to another state.
The Administration for Children and Families (ACF) oversees regional offices throughout the country that are responsible for enforcing the CSRA. This agency could prove a valuable resource if the non-custodial parent is in another state or missing altogether.
Meet With Your Local Child Support Enforcement Prosecutor
Each state has its own child support enforcement division. In many cases, this is an additional prosecutor at the county level whose sole function is to deal with child support arrearages. When contacting your local prosecutor, keep in mind that many are simply overwhelmed by the number of ongoing child support cases. As such, it could be some time before you see any action on your case.
Facilitate the Collections Process Yourself
As a last resort, you could attempt to facilitate the collections process yourself. Some ways in which you could do this include:
- Submitting a demand letter for payment that is similar to the ones used by collections agencies
- Filing a case in small claims court
- Attempting to work out a deal with the non-custodial parent yourself
DIY methods are often unsuccessful for a number of reasons. Many times, the other party will agree to make back child support payments yet not follow through. And some people wait months for the hearing of their small claim, only to have their request denied because of a technicality.
Furthermore, demand letters that do not contain all the right information could leave you without recourse. Fortunately, there is a way to avoid all these problems with the help of DoNotPay.
What Does Arrears Mean in Child Support?
The term "arrears" in child support essentially means back payment. An arrearage can occur if the non-custodial parent fails to pay support or does not pay the full amount. So basically, a child support arrearage is a debt that the person who owes it must pay.
Do Child Support Arrears Ever Go Away?
You cannot simply ignore a child support debt and hope it will go away. The non-custodial parent is responsible for paying the arrearage as well as ongoing support payments. Furthermore, back child support:
- It does not become uncollectible once a child becomes an adult
- Is not dischargeable in bankruptcy court
- It will continue until all the arrearages have been paid
What Happens if Someone Doesn't Pay Back Child Support?
There are severe consequences for those who refuse to pay child support. The ramifications can vary by state, but may include:
- Wage and/or tax return garnishments
- The loss of a driver's or professional occupation license
- Jail time
Child Support Guides by State
When trying to collect back child support, it can be helpful to know what the guidelines are for your state. If you would like to know more about your state's guidelines, check out this handy information from DoNotPay.
Next Steps for Demanding Back Child Support Payments When the DIY Approach Fails
Should any of the above methods prove unsuccessful, your only other option may be to hire an attorney. Not only are lawyers expensive, but they can also do little about court backlogs. For this reason, most people retain an attorney only when they have exhausted all other resources.
Demand Child Support Payments With Assistance From DoNotPay
The first step in collecting arrearages is often a demand letter. As mentioned, demand letters with missing or incomplete information are basically ineffective. Most people have never written a demand letter before, and few can afford to hire an attorney to draft one for them. Creating that perfect demand letter just got a whole lot easier, thanks to DoNotPay.
How to file a demand letter for late child support payments using DoNotPay:
If you want to file a demand letter for late child support payments but don't know where to start, DoNotPay has you covered in three easy steps:
- Search child support on DoNotPay and enter the details of the person who owes the payments.
- Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made, and the number of missed payments, and how much they owe you in total.
- Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.
Lower Child Support Payments With the Help of DoNotPay
Has the non-custodial parent recently experienced a drop in income? If so, lowering the current withholding may make it easier for him or her to pay off any arrearages. In many cases, this is a win-win situation that's worth exploring. For those interested in knowing how to lower their child support, DoNotPay has got you covered there as well.
How to lower child support debt using DoNotPay
- Search child support on DoNotPay and select the state your child support agreement was established in.
- Answer a series of questions about your current financial situation and your past payments to help guide the application.
- Confirm your current contact information, and enter the location of the county court that established your child support agreement, so we can mail your request on your behalf!
Why Use DoNotPay to Solve the Back Child Support Problem?
Why should you use DoNotPay to help you collect child support arrearages? DoNotPay offers some unique advantages, such as:
- Helping you cut through layers of red tape to get the results you want
- Ensuring your case doesn't get buried in a pile of others
- Being a strong advocate for you and your children's rights
The number of child support cases in the United States is truly staggering. Consequently, when working with a government agency, you may not receive the personalized attention your case deserves. With DoNotPay, you won't be forgotten about, and neither will your children.
DoNotPay Works Across all Agencies and Groups With Only a Few Clicks
DoNotPay works across all agencies and groups with only a few easy clicks of your mouse. We can help you demand back child support payments whether you live in New York, California, or anywhere in between. But we actually do a whole lot more than just help custodial parents resolve their back child support issues. From resetting passwords to making warranty claims, we have a product that can help you with nearly any task.
What Else Can DoNotPay Do?
Exactly what else can DoNotPay help you accomplish? A few of our most often sought-after services include:
- Filing a notice of intent to homeschool
- Making an insurance claim
- Creating standardized legal documents
- Appealing a financial aid decision
DoNotPay-Helping You With Back Child Support Payments and More
Each day you wait to receive back child support payments can be a struggle for you financially. Don't endure this hardship any longer than necessary.
If you are ready to get the ball rolling, reach out to DoNotPay right now.