The duty to pay child support generally starts with an order for support. The order may be issued in a temporary (“pendente lite”) or final divorce proceeding by the circuit court. Or, the order may issue from the Juvenile and Domestic Relations Circuit Court in cases between unmarried parents or between parents who can’t or don’t want to file divorce proceedings.
The child support order will set out the amount of the monthly support, when it is due, and where it is paid. When child support is owed but is not paid timely or in full, a variety of measures exist to collect past due amounts and protect against future non-payments. Typically, we will file a Petition for Rule to Show Cause against the non-paying spouse, wherein we seek not only the principal amount of support due, but also interest accruing on each unpaid installment. Depending on the situation, we may seek jail time, a revocation of the payor’s driver’s license, a judgment, and perhaps an income withholding order.
The payor might be ordered to make payments directly to the Division of Child Support Enforcement (“DCSE”). DCSE collects, tracks, and forwards the payments to the custodial parent. Upon application, DCSE will also seek to enforce child support orders against a dead beat Dad or Mom. We will often work in tandem with DCSE attorneys when we file enforcement actions on behalf of our clients.