The parent with the higher income from a career or by taking on financial projects is the one who is made responsible for paying child custody to the person who has the responsibility of the child. In most cases, it is the father who is liable to make the payments but in some conditions, the mother is also held responsible to provide monetary support but indulges in nonpayment of child support.
When child support payments are not made according to the orders of the court it can invite legal consequences. Special situations such as low income or disability of the individual are considered but it is illegal willfully to cause the lack of child support payments by the individual that is responsible and is compelled to pay through the courts.
The courts consider that the family which does not have a primary income needs monetary assistance and initiate a judgment according to the needs when a divorce is completed. Children need assistance for food, clothing, education and other essentials. This indicates that a certain sum of money must be provided every month by the individual that earns a higher figure in terms of wages and revenue.
When the parent who has been mandated by the courts does not provide the child support ordered he or she is liable to be penalized by the laws. The penalties would be in the form of fines, jail time or any of the options which are available for the judge to choose from. A family lawyer will be the best person to consult to understand whether the responsible person can avoid a payment. However willful neglect of child support payments should be avoided.
Charges and penalties for nonpayment of child support
Individuals that are indulging in nonpayment of child support can be prosecuted federally after they have received orders from the court. The child who does not receive child support payments for more than one year will make the individual responsible for the payment liable for penalties of up to $5000 because it is classified as a criminal misdemeanor. The parent responsible for the payments and convicted for this crime could be sentenced to serve six months in prison. This crime may not have an appearance of being severe but will reflect on the records of the individual and can follow him or her around when they attempt to become employed and also in other conditions.
The child from the relationship does not have to live close to the mother or the father that owes the child support and in some cases, the children have never met the parents as they could be living far away. However, this does not give the parents the flexibility to avoid making the child support payments because the individuals that get into such a problem and delay payments by over two years will be responsible for fines of up to $10,000 along with a criminal felony being issued for the violation.
The convicted individuals may also face additional penalties and could be jailed for two years behind bars. The parent will also be required to attend counseling to determine if they will continue with their behavior because felonies are considered as severe crimes.
Prohibitions imposed on parents for nonpayment of child support
Parents who have received orders from the court to make child support payments and are failing to do so are prohibited by the courts to move out of the state and the country to facilitate the nonpayment. Penalties are in place which will be enforced unless the individual can prove he or she was not willfully indulging in such activities. However, they will need the assistance of a family lawyer especially when they are facing criminal charges for the nonpayment of child support because the lawyer can help them to defend the matter in the courts of law.
