Deadbeat Parents

The term deadbeat parent refers to obligor spouse of either sex who refuses or fails to pay court-ordered support in the aftermath of a divorce. In so doing, a deadbeat dad or deadbeat mom abdicates the moral obligation and legal responsibility to support his or her offspring. Unwed parents can also be ordered to pay child support.

What you need to know:

Child Support Must Be Paid: Normally when spouses divorce, the court names one of them (usually the mother) the custodial parent, and the other (usually the father), the noncustodial parent. In this routine, which prevails in 90 percent of the divorces with minor children, the noncustodial parent pays child support to the custodial parent for the benefit of their children.

When Parents Act in Good Faith: When the payor parent acts in good faith, child support is normally paid in one three ways: 1) directly, wherein the supporting parent sends checks directly to the other based on a schedule; 2) wage garnishment, wherein the payor's employer deducts support and forwards it to the recipient; or 3) through the state's Child Support Enforcement agency, which arranges for a deduction and payment from the payor's employer.

A Parent Has No Money: Sometimes a noncustodial parent pleads poverty because in setting child support, a court has imputed his income. In general, for purposes of child support, courts consider the earning capacities of the parties, not their actual income.

Bankruptcy and Child Support: Money and money problems wreck marriages. Extensive debt from high living very often creates stresses that break a marriage. Very often job loss and illness also push couples over the edge into the abyss of insolvency. Many divorcing couples must face the possibility of bankruptcy at the same time their marriage collapses.

Court Remedies: On a local level, the courts that granted the divorce - the court of original jurisdiction - can issue a bench warrant and arrest of a parent who fails to pay support, but this is usually a last resort because jailing a payor means the deadbeat pays nothing.

Beyond the Court: Child support cannot be avoided by crossing state lines. All states have now passed the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), which coordinates state efforts at enforcement of child support, and the Uniform Interstate Family Support Act (UIFSA), which provides for cooperation among the states in enforcement of support.

Other Child Support Legislation: The Child Support Recovery Act of 1992 makes it a Federal crime to willfully fail to pay a past-due child support obligation for a child living in another state. The past-due child support obligation must be either greater than $5,000 or must have remained unpaid for more than one year.

Individual Efforts to Collect Child Support: The Internet can be a useful tool, and some custodial parents use it to conduct private searches for missing spouses. Because the Child Support Enforcement Unit may be swamped with cases, some parents turn to private collection agencies.

State/Province Specific Child Support Information: The legal duties of support are based upon the needs of the child in conjunction with the abilities of the parents as dictated by income and assets owned.

Related Articles:

The Determination of Child Support
Contempt for Failiure to Pay Child Support
Child Support - Why Don't People Pay?
Child Support Calculation
FAQs About Ohio Child Support

Many More Articles:
Child Support Articles

Related Community Forums:

Child Removal Issues
Children Issues
Child Support Issues
Child Custody issues

Related Products:

Support Calculation Reports: You answer the questions on-line and submit your order - We use the information to Calculate the Child Support (view report contents after choosing your state) - You receive your "Calculation Report" with Full Explanation of Calculation and State Guidelines priority mail in a confidential envelope within four (4) business days.

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State Specific Support/Custody Modification Software: Some people choose to have a Lawyer prepare modification forms for them, but this software will provide you with the instructions and tools to easily draft, execute and file them yourself.

Related Downloads:

Support Enforcement Against Military Personnel
Emancipation From Support Obligation
Interstate Enforcement of Support
The Uniform Interstate Family Support Act
The Child Support Obligations of Grandparents
Construction/Enforcement of College Tuition
Deviating for Private School Expenses

Related Books:

Collecting Child Support
The Child Support Handbook
The Divorce Record Keeper
Collecting Child Support: 12 Effective Strategies

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