A Family Law Lawyer in Overland Park, KS can get Retroactive Child Support

by | Aug 26, 2014 | Legal Services

If you are owed child support payments by a non-custodial parent, state and federal governments have programs to help. In many cases, you must register your order with the state’s support enforcement department. There’s one in every state. Even if you do register with the state, you can hire a family law lawyer in Overland Park, KS, such as Gilby and Haynes Law Firm LLP, to assist you in the collection process.

Getting Retroactive Support Through Withholding

Since the 90’s, federal law requires that child support orders include an income withholding. When the non-custodial parent gets a paycheck, his or her employer must deduct the support amount and forward it to the appropriate agency. However, there are exceptions, such as for self-employed individuals and parents who waive the requirement.

Past Due Support can Increase Income Withholding

If a non-custodial parent is in arrears, some states increase the withholding to cover current payments plus a portion of the balance that’s past due. If your support order is registered with the state agency, the increase may happen automatically. If it is not, you may have to go to court to file a motion.

The Government can Garnish Tax Refunds

When child support arrears are above a certain amount, the Internal Revenue Service (IRS) can deduct the amount from the non-custodial parent’s tax refund. To make this type of collection, your support order should be registered with your state’s enforcement agency. The state will notify the other parent, giving them an opportunity to catch up. If the payments are not made, the state will notify the IRS -; who will then withhold money from a joint return for up to six months.

Other Choices for Support Agencies

The enforcement agency in your state can put a lien on property owned by non-custodial parents who owe back child support, which prevents them from selling without paying the arrearages. The agency will not put a lien on vital business assets, but it can garnish an entire bank account, sending the balance to the custodial parent.

Laws surrounding child support and its collection are complex, and are different in every state. Your case isn’t like any other, and you shouldn’t use the information contained here as legal advice. For information that’s specific to your case, it is a good idea to call a family law lawyer in Overland Park, KS.

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