You may be a custodial parent in the unlucky position of needing to pursue your child’s other parent for unpaid support. Sadly, this is not an uncommon situation, and skilled Forest Park child support attorneys should be your first step in obtaining the funds your child needs. But, what if the parent who has failed to pay their court-ordered support is unemployed? What if they are a Social Security recipient? Can you still pursue them for non-payment? In a word: Yes.
How to Collect Child Support
Traditionally, a custodial parent would find themselves seeking to have the wages of the non-paying parent garnished (this simply means part of each paycheck is delivered to you as a payment on the outstanding support). Yet, if that parent is unemployed and collecting Social Security payments, it would seem as if there were no further actions available. However, according to the law, there are two types of debts that can be taken (via garnishment) from Social Security payments:
- Unpaid tax payments
- Unpaid child support payments (and spousal support)
Essentially, the Social Security Administration indicates that it can and will withhold up to 65% of any payment to redirect those sums to outstanding tax or support payments. Unfortunately, if they owe taxes and unpaid support to more than a single child, that 65% is divided between all the outstanding balances. The good news, though, is that working with Forest Park child support attorneys can help you get the amount of each check due to you.
Back and Current Debts Combined
Remember, it is not merely a matter of collecting the sums owed to you this week or the next, but also what has been and remains unpaid. In other words, back owed child support, interest on those sums, and current debts can all be combined in the amounts you seek. Again, this is why it is a good idea to consult with knowledgeable Forest Park child support attorneys before you pursue those payments.
At M. Scott Gordon & Associates, you can work with a team of experienced and knowledgeable legal experts well-versed in the area of child support collections and issues. Don’t let your frustration or certainty that you won’t get what is owed prevent you from taking action; there are experts available to help you get the funds owed to you and your child.