Child support is often a point of contention between parents. The tension that can arise around late or missing payments can exacerbate volatility in the relationship between the parents. In addition, it can deprive the children of the financial aid that is their right.
A designated state agency administers the process of child support payments in New Canaan. This system limits direct interaction between parents and ensures the state has a record of the payment history. A skilled child support attorney can walk you through payment options and help you understand how the process works.
Connecticut General Statutes § 52-362(b) requires judges to issue an income withholding order against the paying parent when the judge issues an initial child support order. Income withholding is also mandatory when a party obtains modification or enforcement of an existing child support order.
Income withholding orders direct a paying parent’s employer to deduct the child support payment from the parent’s wages and submit the money directly to the state’s Child Support Payment Resource Center (CSPRC). The CSPRC then transfers the money to the recipient spouse, ensuring there is a record of the date of payment and transfer.
A parent who is an independent contractor, a sole proprietor, or who lives off retirement funds or investments might not have an employer who can deduct their child support payment.
Parents can agree that child support will not be paid through income withholding but should partner with a New Canaan attorney to ensure both parties understand their rights and obligations in the process. The judge will consider requests to forego income withholding and may require the paying parent to post a bond to guarantee compliance with the child support order.
Even when there is no income withholding order, the paying parent may want to consider making payments through the CSPRC. Payments can be made by direct transfer from a bank account, debit or credit card, and in-person cash or money order payments at a CSPRC office. If a parent sets up automatic payments with a debit or credit card and a payment is denied, the parent must make future payments by cash, certified check, or money order.
The CSPRC collects the payor’s child support payment and disburses it to the recipient parent. The parent can choose to receive it by direct deposit into their bank account or a pre-paid Visa card.
The parents can decide the frequency of the child support payments. The CSPRC system can collect and distribute payments monthly, every two weeks, or every week. Parents should work through the process with a New Canaan attorney to create a child support payment schedule that is fair to everyone.
The receiving parent does not need to account for how they spend child support. The payments are the parent’s contribution to the cost of providing a home for the children, but the money can be spent on other things if the children’s needs are met.
Parents sometimes fall behind on their child support payments, either due to a change in their financial circumstances or an attempt to avoid their obligations. Changes can be made to child support payments, but it is critical to work with a New Canaan attorney to ensure that the existing order is not violated in the process.
A child support order can be modified if circumstances warrant it. The paying parent must prove that they cannot pay the amount ordered due to a significant change in circumstances since the current order was entered.
Judges typically examine the proof carefully. If it seems that a parent is deliberately unemployed or underemployed to avoid their child support obligation, the judge can impute the income they believe the paying parent should be earning.
Negotiating a child support agreement can be time-consuming and contentious, but making and receiving payments is relatively simple. The state requires payments to be transferred electronically, and a state agency keeps records of payments made and received.
If you have questions, speak with an experienced attorney about the process of child support payments in New Canaan. Schedule an appointment with a seasoned family law attorney today.
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