One aspect of family law revolves around child support. Missouri’s Family Services Division of the Department of Social Services handles the collecting and disbursing of child support money for cases decided in the state. In today’s blog from Checkett, Pauly, Bay & Morgan, LLC, our family law attorneys answer the question, “How does Missouri enforce child support orders?”
How Child Support Works in Missouri
Child support cases generally happen after a divorce or when parents who have never been married don’t share joint custody of a child. The custodial parent may petition the court to seek child support from the noncustodial parent based on income levels and assets. A family law attorney can help file that petition. The point of child support is to make sure both parents take financial responsibility for the child.
In most cases, the noncustodial parent makes voluntary monthly payments without any issues. However, the state’s Family Services Division may become involved if a parent fails to make payments. Child support orders happen after a judge makes a decision in a family law case.
Income Withholding
The state may order a person’s employer to withhold money from paychecks to go towards a monthly child support payment. An additional portion may be withheld if there are any delinquencies. The FSD may send paperwork to an employer after just one month of missing child support payments.
Suspension of Licenses
FSD can suspend a driver’s license or a professional license of the noncustodial parent who fails to make child support payments. Losing a driver’s license makes it more difficult for someone to get around, and the person could face jail time if they’re pulled over and don’t have a valid driver’s license. Professional licenses include ones needed for certain lines of work, such as those for barbers, masseuses, real estate agents, doctors, and other trades that require a state license to operate.
Liens
The state may file liens against property and assets to try to get money for past-due child support. Part of the difficulty here is that liens only come into play if the person who owns the property attempts to sell it. Part of the proceeds of the sale would go towards child support. A family law attorney can help determine if a lien is worthy to pursue with the state, because liens may not reap any benefits for several years.
Contempt of Court
A custodial parent can file a motion in court if the noncustodial parent is behind on payments. The court will then issue a summons to the parent making payments. Noncustodial parents must receive notice of the motion at least seven days prior to the court date. A process server must also personally serve the papers to the noncustodial parent, meaning sending the notice through the mail isn’t enough to prove the person knows about the pending date.
The judge will likely give the noncustodial parent several tries to make a payment before any serious actions are taken. If the parent fails to show in court after several tries, the judge could issue a contempt order and a bench warrant. The bail could be set for cash-only in the amount of the child support owed.
Criminal Charges
The most serious offenses for failure to make child support payments lead to criminal charges. Felony nonsupport in Missouri means the noncustodial parent fails to pay six months of child support payments within a 12-month period, or the person has accumulated arrears totaling $5,000 or more. A warrant will be issued by a prosecuting attorney, while a judge sets the bond amount.
Once the person is arraigned, a court date will be set. The noncustodial parent will likely need a family law attorney and one familiar with criminal defense because the judge will not hear a felony case without an attorney. A prosecuting attorney will try to set up a payment arrangement with the noncustodial parent during negotiations with the attorney to get some kind of payment rather than seeking a lengthy jail sentence. The point of child support is to provide for the child, after all.
Family Law Attorneys in Joplin, MO
Family law attorneys handle cases pertaining to divorces, division of assets and debts, alimony, child custody, child support, and numerous other highly important issues. Contact Checkett, Pauly, Bay & Morgan or call (417) 358-4049 if you require family law assistance for any reason. The first consultation is free, and we serve all of southwest Missouri.