Being a parent involves supporting your child in many different ways. You are there to hold their hand as they learn to walk. Wipe their tears when they are hurt. And teach them everything from their ABCs to how to be a good human being.
But you are also responsible for making sure they have a safe place to live, food in their belly, and clothes on their back. Some would add to this the chance to participate in enriching experiences like travel or extracurricular activities and the opportunity to get some sort of post-secondary education.
While love is the only currency required to meet this first set of needs, the latter requires parents to open their pocketbooks. Refusing to do so can get you into serious trouble.
Nevertheless, the Matteucci Family Law team is routinely asked how parents in the Albuquerque area can minimize their child support payments, or what will happen if a parent stops making payments. Below is an overview of the consequences of failing to pay child support, and some information on steps you can take to try and lawfully reduce your child support obligation if you believe a reduction is warranted.
Consequences for Nonpayment
New Mexico’s Child Support Enforcement Division (CSED) and our state court system are very serious about enforcing child support obligations. There are two reasons for this.
The first is that child support is designed to ensure your child’s well-being, and the state of New Mexico does not want to be responsible for any harm to your child. Being strict about child support payments is the government’s way of trying to encourage parents to parent well.
The second is that child support orders are court orders. So the courts treat refusing to follow an order like a threat to the legitimacy of the entire judicial system.
Because of this, the state harshly sanctions parents who withhold child support payments. These are a few of the penalties imposed:
- Contempt of Court: Child support is a court-ordered obligation. Failure to pay can result in contempt of court, which can lead to hefty fines or even jail time.
- Wage Garnishment: The parent who is supposed to receive payments can file a Request for Wage Withholding with the courts. If that request is granted, the Child Support Enforcement Division (CSED) will garnish the paying parent’s wages and send that money to the receiving parent. Once an order has been issued, it will stay in place regardless of whether the paying parent changes jobs.
- Asset Seizure: Bank accounts and other assets can be seized to satisfy unpaid child support obligations.
- Tax Refund Interception: Federal and state tax refunds can be intercepted and applied to the unpaid child support.
- Liens on Property: Liens can be placed on your property, including your home, preventing you from selling or refinancing until any back child support you owe is paid off.
- License Suspension: Your driver’s license, professional licenses, and even recreational licenses (like hunting and fishing licenses) can be suspended if you owe back child support.
- Denial of Passports: You may be denied a passport or have your passport revoked, restricting your ability to travel internationally until all of your child support is paid.
- Credit Damage: Non-payment of child support is typically reported to credit agencies, which can negatively affect your credit score and make it more difficult to secure financing in the future.
- Owing Even More: Unpaid child support earns interest, so pushing payments off increases the total amount you will end up paying.
It is also important to note that debts related to child support do not disappear when your child
turns 18. You can be sued for back payments for years to come.
These are serious consequences that can do far more damage to your finances and your family life that you may anticipate. It is, therefore, better to discuss your dissatisfaction with your current child support order with an experienced family law attorney like Bob Matteucci rather than unilaterally deciding to withhold payments.
Though your family and financial situation are unique, a few questions come up a lot in these cases. Below is a brief rundown of them, but this is really just the tip of the iceberg. If you have questions about child support payments or want to make some changes to your current child support order, it is time to contact an attorney.
Can I spend money directly on my child instead of paying child support?
This is a tricky question, and the answer is every lawyer’s favorite answer: it depends. You typically cannot reduce your child support payments by spending money directly on your child. However, if circumstances have changed and your child is spending more time with you, it might be appropriate to ask the court to reduce your child support payments.
Why do I have to pay child support when we have joint custody?
The state’s end goal when awarding joint custody is having you and your former partner share parental duties, and that includes financial responsibility for your child. New Mexico’s child support formula takes your income and the amount of time you spend with your child into consideration when calculating your child support payments.
Do I still have to pay child support if my child’s other parent is not allowing me to spend time with my child?
The short answer is yes. Child support and visitation are two separate issues controlled by two different court orders. Child custody is dictated by the Parenting Plan, while the Child Support Order sets payments. If one parent doesn’t allow the other parent to visit with their child because child support hasn’t been paid, both parents are violating a court order.
What if a child’s mother filed for child support, but I don’t think I am the father?
One of the first steps in the child support process is establishing paternity. If you are not the biological or adopted father of a child, you will not be required to pay child support to the child’s parent.
If you do not believe you are the father of your former partner’s child, you can seek genetic testing. There is a formal process for doing this so the courts will recognize the results and, in many cases, release you from any child support obligations.
I have evidence my child’s other parent is not spending the child support money I send on my child. Do I still have to pay them?
This is a frustratingly common issue. Unfortunately, there is nothing you can do to ensure that child support payments are in fact, used to support your child. Money is fungible, and you have no control over the way your child’s other parent spends their money.
If, however, you believe your child is being neglected, that is entirely different. If you suspect your child is in immediate danger, you should alert the police. If your concerns are more general, and you need assistance figuring out what your next steps should be, Attorney Bob Matteucci can advise you.
How can I reduce my child support payments?
Modifying your child support payments is a straightforward legal process. If there has been a material and substantial change in circumstances in your life, your former partner’s life, or your child’s life, the courts will be open to adjusting your child support payments to reflect this new reality. Attorney Bob Matteucci can work with you to craft a revised agreement that ensures your child’s financial needs are met.
Preserving your wealth. Protecting your loved ones.
If you are unhappy with your current child support obligations, it is important to seek the counsel of an experienced family law attorney like Bob Matteucci. Too much can go wrong if you unilaterally decide to stop or reduce your payments to risk taking this step — even if your child’s other partner agrees with you. Bob can help you craft a child support payment plan that complements your child custody agreement and matches your family’s specific experiences, values, and goals. Contact the Matteucci Family Law Firm today to set up a meeting and discuss your case.