Child support is a crucial aspect of ensuring that children receive the financial support they need from both parents, especially after a divorce or separation. However, when a parent fails to make child support payments, it can have serious consequences, including contempt of court charges.
If you are a parent struggling with child support obligations or if you’re worried about an ex-spouse failing to meet their support responsibilities, it’s important to understand the potential legal ramifications. Our Franklin child support lawyers at Durak Law specialize in family law, and are here to help you navigate the complexities of child support in Franklin, Tennessee.
What is Contempt of Court?
In Tennessee, a child support order is a legally binding court order. When one parent fails to meet the obligations set forth in the order, they are considered to be in contempt of court. Contempt of court refers to the act of disobeying or failing to comply with a lawful order issued by a court.
In the case of child support in Franklin, contempt can lead to serious penalties, including wage garnishment, fines, and even jail time.
If you are the parent responsible for paying child support, and you fail to meet those obligations, the other parent (the custodial parent) can file a motion with the court to have you held in contempt. The court will then schedule a hearing to determine whether you are indeed in contempt and to establish the consequences for your failure to pay.
How to Avoid Contempt of Court Charges
To avoid the serious consequences of being found in contempt of court, it’s essential to meet your child support obligations on time and in full. However, life circumstances sometimes change, and you may find yourself in a situation where paying the full amount is impossible.
If you find yourself in financial hardship, it’s important to take the following steps:
- Seek a Modification: If you have experienced a change in your financial situation—such as a job loss or medical emergency—you can request a modification of your child support order. This would involve going back to court and presenting evidence of your changed circumstances.
- Communicate with the Other Parent: Open communication with the other parent is key. Let them know about your situation and discuss whether a temporary reduction in support is feasible.
- Don’t Ignore Court Orders: Even if you can’t make the full payment, it’s important to keep the court informed. Ignoring a court order can only make things worse.
Enforcing a Child Support Order
Once a child support order is in place, both parents are legally obligated to follow it. If the parent paying child support fails to meet their obligation, the custodial parent or the state of Tennessee can take enforcement actions to ensure compliance.
The Tennessee Department of Human Services (TDHS) has the authority to take various measures to enforce child support payments, including:
- Wage garnishments
- Bank account levies
- Tax refund intercepts
- Suspension of driver’s or professional licenses
The state can also bring criminal charges against parents who willfully refuse to pay child support, which can result in fines or jail time.
Consequences of Failing to Pay Child Support in Tennessee
If you fail to pay child support in Franklin, you could face serious legal consequences, including:
Wage Garnishments
One of the most common consequences for failing to pay child support is wage garnishment. When your wages are garnished, a portion of your paycheck is withheld directly by your employer and sent to the Tennessee Child Support Program (TCSP). The amount that can be garnished depends on your income and the amount of child support owed.
If you fall behind on payments, the court can initiate a wage garnishment to ensure that payments are made directly from your paycheck.
Withholding Other Income
If wage garnishment is not sufficient, the state may seek to withhold other types of income. This could include bonuses, commissions, or even income from rental properties. Essentially, any income you receive can be targeted by the state to fulfill your obligation for child support in Franklin.
Withholding Tax Refunds
The state of Tennessee can intercept your state or federal tax refunds if you are behind on child support payments. This means that you may not receive your tax refund in full, and the money will instead go directly toward paying your child support debt.
The state’s child support enforcement program works with the IRS and Tennessee Department of Revenue to facilitate these refunds being applied toward your arrears.
Freezing Bank and/or Investment Accounts
In some cases, Tennessee courts may order that your bank accounts or investment accounts be frozen to collect overdue child support. The state can levy these accounts and seize the funds within them to pay your child support arrears. This is a serious consequence that can disrupt your personal finances and prevent you from accessing your own funds.
License Suspension or Revocation
Failure to pay child support in Franklin can result in the suspension of various licenses, including your driver’s license, professional license, and even hunting or fishing licenses. Having your driver’s license suspended can make it extremely difficult to maintain employment, further exacerbating your financial situation.
The suspension of professional licenses can also jeopardize your ability to work in certain industries, making it even harder to meet your obligations.
Effects on Passports
Another consequence for failing to pay child support in Franklin is the potential to be denied a passport. If you owe $2,500 or more in child support, the U.S. Department of State may refuse to issue or renew your passport. This can severely restrict your ability to travel internationally, limiting both personal and professional opportunities.
Report to Credit Reporting Agencies
Your child support arrears may also be reported to credit bureaus. This can have a significant negative impact on your credit score, making it more difficult for you to secure loans, mortgages, or even rental agreements. A damaged credit score can follow you for years and create long-term financial difficulties.
Property Liens
In extreme cases, Tennessee courts may place liens on your property, such as your home or other assets, in an effort to recover unpaid child support. A property lien means that you cannot sell or refinance the property until the debt is paid, and the state can seize the property if the debt is not resolved.
Need Help Navigating Child Support in Franklin? Hire Experienced Family Attorneys Today
Failing to pay child support is a serious matter in Tennessee. It’s essential to stay on top of your obligations for child support in Franklin. If you are struggling with child support payments or facing enforcement actions due to non-payment, you don’t have to navigate this process alone. ‘
At Durak Law, our seasoned family attorneys can provide you with sound legal options and fight for your rights. Whether you need to modify your child support order or need help avoiding contempt charges, we are here to guide you every step of the way. Contact our experienced family law team at Durak Law via (629) 210-0866 to schedule a consultation.
