When circumstances change, an old child support order may not be appropriate for the new situation. If you are involved in a request for child support modification, contact an experienced family law attorney at our firm to discuss your options.
St. Louis, Missouri Child Support Attorney
In any divorce where minor children are involved, child support is almost an absolute certainty. The question is, how much is enough?
Founded in 1972, The Marks Law Firm, L.L.C. offers extensive experience with almost every area of family law, including child support issues. We can explain the guidelines and give you a fairly accurate estimate of how much you can expect to pay or receive, based on experience in previous cases and our familiarity with the courts of this area. There may be actions we can take or arguments we can make to increase or decrease the guideline amounts as well.
To learn more about this issue and how we can help you obtain a fair result, please visit our child support Web page. To speak to a lawyer, call or contact The Marks Law Firm, L.L.C. and schedule an initial consultation.
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The state has an interest in making sure that children have the financial resources they need, following their parents' divorces. We know you have an interest in making sure that happens too. For experienced representation in child support matters — contact The Marks Law Firm L.L.C. in St. Louis, Missouri.
The Marks Law Firm L.L.C. handles child support matters on behalf of people in the St. Louis area and surrounding portions of Missouri and Illinois. For experience when it matters the most — call the firm's law offices directly at 314-993-6300.
Enforcing Child Support Orders
Parents must meet their child support obligations. Those who do not pay, pay less than required or pay sporadically may be subject to contempt proceedings, fines and even jail time. If you have questions about enforcing a child support order or need help defending a contempt action, contact The Marks Law Firm, L.L.C in St. Louis, Missouri. An experienced family law attorney can review your situation and explain your rights.
Contempt Proceedings
Contempt proceedings are one of the most common actions taken against parents who fail to pay child support. During contempt proceedings, the payor parent is charged with failing to comply with a court order. These proceedings can be civil or criminal. In civil proceedings, the parent can be ordered to serve an indefinite period in jail until he or she pays the support owed. Upon paying the back support, the parent is released from jail. In criminal contempt proceedings, the parent is sentenced to a set amount of time in jail as punishment for failing to comply with the order. The parent cannot pay the back support to shorten his or her jail sentence.
The key to holding a parent in contempt of a child support order is finding that the parent has the ability to pay child support but willfully failed to do so. Parents who do not have the ability to pay the support may have a successful defense to a contempt proceeding if they can prove they genuinely could not pay.
Wage Garnishment
Parents who owe back support may be subject to wage garnishment. The court can order an employer to withhold a certain percentage out of an employee's paycheck each pay period to meet his or her child support obligations. Additionally, under federal law, employers must report the names of new employees to the state's new hire directory, which is used to help locate parents who are delinquent in child support payments. There is also a national registry which can be used to help locate parents who move out of state to seek employment. Tax refunds and lottery winnings also can be subject to garnishment.
Enforcing Child Support Orders Across State Lines
State governments and the federal government have taken action to punish those who cross state lines in hopes of escaping their support obligations. States are required to give full faith and credit to valid final court judgments issued in other states — including child support orders. Thus, parents cannot seek out a new jurisdiction to gain a more favorable child support award. Under the Uniform Interstate Family Support Act (UIFSA), the court who issued the child support order retains continuing exclusive jurisdiction — this means that if the parents seek to make changes to the original order or seek to have it enforced, they must petition the court that originally issued the order. UIFSA provides state courts with long-arm jurisdiction in case one parent relocates to another jurisdiction.
In an effort to reduce welfare costs, the federal government has passed legislation to criminalize willful failures to pay child support. Under the Child Support Recovery Act and the Deadbeat Parents Punishment Act, parents who fail to pay child support can face federal penalties, including fines and incarceration.
Talk to a Lawyer
Delinquent child support payments can put a strain on families and society as a whole. For more information on enforcing a child support order, contact an experienced family law attorney at The Marks Law Firm, L.L.C in St. Louis, Missouri.
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