Father is refusing to pay child support? The fact or issue of child support comes to light when parents get divorced or separated from each other.
Consequently, their responsibilities upon their children also get divided. The court decides an amount for both parents to pay as child support.
But sometimes, one parent disagrees with it and refuses to pay the child’s support. Here we will discuss the issues that happen if fathers refuse to pay child support in the following sections of this article.
Law for Paying Child Support
Child support issue becomes a matter of concern when parents get divorced or separated, and as a result, the child also gets separated from their parents.
Instead of both parents, children get the chance of living with one parent only at a time.
But after divorce or separation, both parents possess some responsibilities like bearing the financial expenses of their children. No one can deny the liability.
In most cases, the court decides the time and amount that a parent should contribute to their children.
Child support or financial support for children is mainly measured based on the parent’s income, financial state, needs of the children, eligible deductions, etc.
Every state has its own child support laws. But every law supports that it is a mandatory duty of the non-custodial parent to pay the financial support to the children or their custodial parent.
Since this is a court order, no parents, either father or mother, have the option to deny it.
Penalties for Not Paying Child Support
Failing to pay the child support or not paying the child support is a crime of disobeying the court order. If a parent refuses to pay the child’s support, the court holds the right to punish him or her.
The punishment decided to depend upon the amount of child support a parent has made due. It also depends on his or her financial condition.
If the court finds that the parent can pay the child support but disobeys it intentionally, the court will take necessary actions against them. The actions might be like the following:
- The court might demand extra charge on their taxes and wages
- If they are businessmen, the court might cancel their business license
- Their properties might be seized
- If they possess any motor vehicles, the court might revoke their driving licenses as well
- If all these steps get unsuccessful, the court then can send the parents to jail for the time until they pay the due child support
Father is Refusing to Pay Child Support
If the father refuses to properly pay the child’s support, the best thing you should do as a mother is to file a paternity case against him.
Because paternity case ensures paying child support by their parents in time, but, of course, before filing the lawsuit, try to solve out the issue among yourselves if you can.
A paternity case generally asks for a DNA test if there is any confusion regarding the children’s biological parents.
But if the issue is cleared beforehand, the court might not demand the DNA test.
Then, the court reviews the income status of the father and his property description.
Based on these things, the court decides how much the father should spend for child support and at which time he should pay it.
If you find that a paternity case gets failed to make the father pay the child support, you have another option. You can then go for a case of contempt.
That is a bit difficult and complex case than the paternity case. It would make the father pay the child’s support properly.
Enforcing A Child Support Order
We have already discussed the possible actions you can take if the father refuses to pay the child support.
Here, we summarize all the steps that you should follow against your children’s father if he denies paying child support. Such as,
- Make several discussion sessions to adjust the issue with your partner so that he agrees to pay the child support
- Send him a legal notice
- Make him aware of the penalties the court might give him for his refusal
- You can do a paternity case against him
- If nothing works, go for the motion of contempt for enforcing him to pay the child support
Contact with A Child Support Lawyer
In any legal case, a lawyer is the best helping hand. You can also contact a professional child support lawyer. In every state, there are separate sections for child support lawyers. If you are a Canadian citizen, you can take help from a child support lawyer in Regina.
Conclusion: Father is Refusing to Pay Child Support
Finally, you have learned the basic things you should do if your father is refusing to pay child support. All these steps are discussed in this article; you can follow them in your own case. It hurts actually if parents do not want to pay the support for their own children. A professional lawyer can assist you best in this case.