Enforcement of Current Order
Once a support Order has been established, the CSEA has many ways to ensure that it is followed.
Income Withholding
Income Withholding is part of a support order that requires a payor of a non-residential to withhold a specified amount to be applied to the order. This can change over the lifetime of the order depending on the types of income available for withholding, the work status of the parent paying support, and the availability of assets to pay the child support obligation.
Income withholding is the best enforcement method for the collection of ordered child support. This method is mandatory and applies to almost all types of income, not just wages.
The word “income” includes, but is not limited to:
- Personal earnings
- Workers’ compensation payments
- Unemployment compensation benefits
- Pensions
- Annuities
- Allowances
- Retirement benefits
- Disability or sick pay
- Insurance proceeds
- Lottery prize awards
- Any form of trust fund or endowment
- Lump-sum payments
- Assets in a financial institution
- Any other payment in money
Order to Work
If the non-residential parent has no income or assets, the CSEA can obtain a seek work order from the court requiring the parent to seek work.
Contempt Penalties
If an individual fails to comply with a required action and enforcement by a court becomes necessary, the court can hold the person in contempt. Contempt penalties can increase with each offense and include fines, jail time or other remedies that the court finds appropriate. Some of the reasons a person can be cited for contempt are:
- Disobeying a judgment or order of the court
- Failure to obey a subpoena or refusal to answer as a witness
- Failure to appear in court as required
- Failure to submit to genetic testing
- Failure to comply with the provisions of a child support order