More than 30 million children are in court-ordered child support collection cases in the United States, annually. Non-custodial fathers are the most cited violators of child support collections. The Most Wanted delinquent payors are individuals under a legal obligation to pay child support who have not made a payment in the last six months and owe at least $10,000.
In Louisiana, delinquent child support obligations are resolved by a court-ordered lien. Parents under review for child support award adjustment are still obliged to the existing support obligations, as well as court-ordered custody and visitation schedules. Failure to comply with judgments on child support arrearage debt may also result in seizure of property, or even worse, incarceration.
Why is it Important to Meet Child Support Payments?
There are several reasons it is important for a parent to meet child support obligations. First, children who have experienced a divorce suffer from the effects of a dissolved marital union and household. Financially speaking, a divorce can limit the standard of living a child is accustomed to without support payments. Arguments over withheld support can also create an atmosphere of stress and confusion about a parent’s accountability to a child. According to Louisiana family law, sustained child support is the right of a child until they reach 18 years of age. Child support is also arguably the healthiest approach to parenting post-divorce.
Can Support Payments Be Modified Without a Judge’s Approval?
Child support orders executed by a court affirm a would be obligor is compliant with a child support order laid forth by a judge. The court reviews the existing circumstances of a parent before a child support agreement is affirmed. Issues such as bankruptcy, disability, taxation, incarceration, retroactive support, wage garnishments, or a child support services casework record before finalizing a child support award.
A Louisiana court can approve the modification of a child support order if a petitioner can show a “material change” of circumstances has taken place since the time of the initial support award. The party requesting modification of a child support order must evidence the fluctuation in their finances or other adequate material reason that has altered their ability to pay the existing support, or their willingness to increase the support award in the interest of the child or children involved. Finally, modification requires temporal proof that the change in the material circumstance mentioned in the case has occurred after the last time the court reviewed the current child support arrangement.
If Delinquent on Child Support Installments, Will I Be Sued?
The Child Support Enforcement Network (CSEN) Interstate Orders is a nationwide resource for reporting of child support evasion. Late child support payments can quickly result in a lawsuit. Court service of summons: 1) where the obligor resides: 2) works; 3) or where his/her parents reside initiates the legal process. Judgment lien[s] ordered for the value of delinquent support installment payments can be issued by the county or state where all real estate transactions and property purchases, refinancing, and transfers have been conducted by the delinquent obligor. Child support obligors should be aware of the rules to child support enforcement and liens vary by jurisdiction.
A New Orleans Family Law Attorney Can Help
Parents seeking information on lien rules to child support enforcement can contact a licensed attorney practicing in the area of Family Law. Attorney at Law Candice Bennatt is experienced in matters of marital separation, spousal support, divorce, alimony, child custody, support, and child visitation. Contact the law firm of Candice Bennatt of New Orleans, LA for consultation in a child support case.
Candice Bennatt is a Family Law Attorney who practices in Metairie, Louisiana. She graduated from Charlotte School of Law, and has been practicing law for six years. Lauren Taylor believes in solving family law issues. Learn more about her experience by clicking here.