Overdue Child support guidelines
A guide to collecting overdue support and the guidelines on how much can be collected each month.
Collecting overdue child support.When child support is overdue, there are guidelines restricting how the overdue support should be repaid:
What is the maximum amount that can be withheld?
For child support income withholdings, the upper limit on what may be withheld is based on the Federal Consumer Credit Protection Act (CCPA). The Federal withholding limits for child support and alimony are based on the following disposable earnings of the obligor (i.e., the employee):
The Federal CCPA limit is 50 percent of the disposable earnings if the employee lives with and supports a second family, and 60 percent if the employee does not support a second family.
This limit increases to 55 percent and 65 percent respectively if the employee owes arrears that are 12 weeks or more past due.
Methods of collecting overdue support.How are collections made from the noncustodial parent?
There are several methods used to collect and enforce child support:
Income Withholding-The employer of a noncustodial parent who owes child support may have support withheld from their wages.
Unemployment Intercept-A noncustodial parent who owes child support may have support withheld from their unemployment benefits.
Tax Offset Intercept-A noncustodial parent who owes back child support may be subject to interception of any refund due from federal or state taxes
Contempt Action-A noncustodial parent who owes back child support may be taken to court for contempt, which could result in the court ordering incarceration.
Credit Bureau Reporting-A noncustodial parent who owes back child support will be reported to the Credit Bureau.
Liens-A non custodial parent who owes back child support may have liens placed against their workers compensation or personal injury claims
Accounts Frozen and Seized-A noncustodial parent who owes back child support may have their account(s) frozen and seized from financial institutions such as banks and credit unions.
License Suspension-A noncustodial who owes back child support may have their license suspended. See the License Suspension Program for more information.
Passport revocation-A noncustodial parent who owes back child support of $2500 or more will have their passport revoked or application denied.