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Both state and federal authorities take child support seriously, and there can be dire consequences for falling behind. If your coparent is not paying child support as arranged, or if you have fallen into arrears on your payments, contact a New Canaan child support enforcement lawyer immediately.

Our experienced child support attorneys can explain your legal position and help you resolve the issue so your children get the support they deserve. Call today to schedule an initial consultation.

Child Support Is a Separate Issue

Resentments about child support sometimes influence the parents’ behavior in ways that harm the children and are not legally justifiable. For example, a parent who feels the other is alienating them from the children might withhold child support. Similarly, a receiving parent might deny the co-parent access to the children when they are behind on their support.

A violation of a child support order does not justify the other parent violating the custody order, and vice versa. When a parent is not paying as agreed, the other should consult a New Canaan lawyer to discuss steps to enforce the child support order. Non-compliance with the custody order in retaliation for not paying support is unlikely to be effective and could negatively influence a Connecticut judge if the dispute ends up in court.

Options to Compel Compliance

Negotiation is often the best strategy in family law matters. When parents are good communicators, they should be able to discuss a late or missed payment. The paying parent should have a plan to catch up with their child support as quickly as possible.

Parents who do not communicate effectively may need to work through their attorneys. The receiving parent’s representative can issue a demand letter seeking the back payments. In many cases, the delinquent parent or their lawyer will respond with a proposal to bring the support payments current.

When these measures are ineffective, a receiving parent could file a post-judgment motion to find the paying parent in contempt of court. A receiving parent should take swift action if attempts to resolve the matter out of court fail. Once a paying parent misses multiple payments, it becomes harder for them to catch up.

Consequences of a Contempt Finding

When a parent is in arrears on their child support obligation, the receiving parents can ask a judge to find the delinquent parent in contempt of court. The receiving parent must prove that a court order requires payment and that the paying parent willfully refuses to comply.

If the judge makes a contempt finding, the court can impose various measures to compel payment, including:

  • Garnishing the delinquent parent’s wages
  • Deducting the amount owed from their tax refund
  • Suspending their driver’s, hunting, fishing, or professional license
  • Levying their bank accounts

In extreme cases, a court can jail a parent until they pay their support obligation.

Sometimes, the delinquent parent presents a plausible reason for the late payments to the judge. The judge has the power to modify the child support order to reflect the paying parent’s current circumstances.

However, they would remain responsible for paying the full amount in arrears. Each parent should be represented by a lawyer in New Canaan at a contempt hearing to protect their rights, help enforce orders, and ensure the children receive appropriate support.

Consult a New Canaan Attorney for Help with Delinquent Child Support Issues

Parents must maintain financial responsibility for their children, regardless of surrounding circumstances. If a parent falls behind, quick action is required.

Allowing arrears to accumulate makes the situation more difficult to resolve. Contact a New Canaan child support enforcement lawyer today to help you respond to late or missed child support payments.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a