Enforcing Child Support Payment
A major reason the federal government got involved in family law was to enforce court orders for child support. Prior to 1980, collection rates were abysmal, and child support orders were mere pieces of paper. Today, income withholding is used to collect child support. An employer deducts child support from the payor parent's paycheck and forwards it to the state collection agency, which then sends it to the payee. The employer is obligated to notify the state agency if the employee quits his job. The employee is obligated to notify the state when re-employed, and the new employer has an obligation to check for and honor existing support orders.
Whether you fail to pay the basic child support obligation, maintain health care, or pay college expenses, the court can take action against you. The court can revoke the driver's or professional license of a nonpaying ex-spouse as well as her passport. The judge can also issue a warrant for the nonpayor's arrest if she fails to show up in court.
Parents ordered to pay child support can be tracked by social security numbers from state to state and even outside the United States. The Uniform Reciprocal Enforcement of Support Act authorizes one state to enforce another state's orders. Every state has a child support enforcement agency that is dedicated to collecting and enforcing child support orders. If you are a parent who is having trouble collecting child support you can go here for help, whether or not you received public assistance. The services are available to everyone. In addition to collecting child support, this agency may be able to help you file violation petitions, figure out arrears, and monitor job changes by the payor.
Health Care and Childcare Costs
Most states require the payor parent to maintain health and dental insurance for his children and to contribute to child care costs. Other states allow for these costs by deviating from their child support formulas. Most states provide for a pro rata division of costs proportionate to the parents' respective incomes. Parents usually agree that providing quality health care for their children is of paramount importance. As a result, the best outcome occurs when parents take a look at the health care available through their respective employers and select the best coverage. They may agree to split the cost of insurance coverage and any uncovered medical expenses for their children, or to prorate costs based on their relative incomes.
If parents don't agree, the court will usually order the payor parent to maintain the health insurance. In some states, the cost of the health and dental insurance is divided pro rata between the parties so the payor will receive a credit for the nonpayor spouse's portion. The cost of uncovered medical expenses such as copays, glasses, contacts, or braces are also divided in this way.
In order for both parents to work, children are often left in day-care facilities or in before- and after-school programs, which can be very expensive. In some states, the cost of these services is divided pro rata between the parties in the same way that medical costs are divided. In other states, the division of these costs is considered a deviation from the basic formula. Still other states make no provision for these additional costs.
College Expenses
If you have children approaching college age or already in college, you will need to make provisions for the payment of these expenses. If you are the payor, you may think your child support payment should be reduced if you pay college expenses. While some judges will take this into consideration, the more common approach is that the payor will continue paying her monthly obligation and pay an additional amount for college expenses. The thinking here is that the custodial parent is still going to have to maintain a home for the child, even if he is away at school. In addition, the custodial parent is still responsible for buying clothes, providing spending money, and paying for all additional expenses.
Courts take different approaches in determining an appropriate division of costs and generally examine a variety of factors set forth in the law. In evaluating a request for college expenses, the court may examine certain factors, for example: whether the parents went to college, whether the parents had planned on sending the children to college before they separated, and whether the children are successful academically. If the court determines that a request for college expenses is appropriate, it will then decide how much each parent is to contribute. Sometimes the court will set forth a given dollar amount, capping payment and requiring the child to take out loans for any remainder. In other cases, the court will order a pro rata division of all of the college expenses based on the parents' respective incomes. In some states, the payment of college expenses is considered a deviation from the basic formula and may not be granted at all depending on the circumstances.
Heavy Hand of the Law
Courts have several weapons in their arsenal for the person who doesn't pay court-ordered support. Not only can the court revoke driver's or professional licenses, the judge may find the person in civil contempt of court. That person can be sent to jail for civil contempt, provided the judge gives the contemnor (the person who is in contempt) the ability to get out of jail by paying the support owed, or by paying part of what is owed and contracting to pay the balance.
The court can also issue a money judgment against a nonpayor spouse. A money judgment can be recorded as a lien against real property or be used to seize the contents of a bank account or other property of value.

