Tag Archive for: enforcement

Enforcement of Support

There are a number of remedies available to promote payment of support obligations within Pennsylvania. First, Pennsylvania does wage garnishment where possible to ensure payments are collected in full on a consistent basis. If a payor does fall behind, the court will call the party in for contempt proceedings. A payor who is able to catch up at the time of the contempt proceeding will usually avoid any further sanctions. Alternatively, if the court accepts a repayment plan offered by the payor there may not be any further enforcement remedies pursued. If a payor cannot make payment in full or offer a satisfactory plan for catching up on payments, they will have to go before a Judge to discuss their failure to keep up with their support obligations.

If a party fails to appear for contempt proceedings the court has the authority to issue a bench warrant to have that party taken into custody. Additionally, the court can order additional incarceration at subsequent support hearings as a means of reiterating the importance of regular support payments and demonstrating the severity of the punishment available for failure to comply. Other enforcement remedies include seizure of payments from a government agency such as unemployment compensation, social security, retirement or disability payments, seizure of works’ compensation benefits and seizure of retirement funds in pay status. The court may also place a lien on real property, seize funds from the payor’s bank, report overdue support to credit agencies and suspend licenses including occupational, driver’s and recreational.

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Enforcement of Support Orders

There are many options available to ensure support payments are being made. Income withholding is standard with most support orders. This will allow the support payments to be deducted directly from the payor’s income. Domestic Relations will send an income withholding order to the employer for implementation. If there is upwards of a fifteen (15) day delay in receiving payment, contempt proceedings can be initiated by Domestic Relations or the party receiving support. Overdue support, or arrears, will begin to accumulate with each late or missed payment. The court can unilaterally increase the monthly support award to account for the growing arrears in an attempt to help bring the account current again.

Several other remedies can be imposed to attempt collection of support. The court can seize any lump sum payments due to the payor including unemployment compensation, workers’ compensation, insurance settlements, Social Security retirement or disability benefits, and other public or private retirement funds. The court can put liens against real property to cloud title, suspend a driver’s, occupational, or recreational license, and report the amount owed such that it could affect your credit score. The court can even seize assets from a financial institution such as a bank. Some remedies do require advance notice to the payor regarding the action to be taken. Establishing a repayment schedule does not necessarily safeguard a payor from imposition of the remedies listed.

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Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) clarified an uniform approach to dealing with child custody matters nationwide. Since its inception in 1997, 49 states as well as the District of Columbia have adopted the Act. One of the goals achieved through the UCCJEA is clear guidance on who should exercise jurisdiction over a custody matter. The preferred method for establishing jurisdiction is based on the home state of the child. The homes state is defined as the state where the child had been living for at least six (6) months prior to the custody action or since birth if the child is less than six months old. If jurisdiction is not clear based on an analysis of the home state, the courts should then look to see where there are significant connections and substantial evidence relevant to the custody action. Significant connections is more than just mere presence in any state.

Once a court obtains jurisdiction under one of guidelines above, that court continues to have exclusive jurisdiction until it is established that another court has become more suitable for jurisdiction. Accordingly, any modifications of custody must go through the court that made the initial or prior determination. There is an exception to the rules on jurisdiction in the event of an emergency. If a child is in danger and there is a need for immediate action, the jurisdiction where the child is located at that time can enter a temporary emergency order. The UCCJEA also provides a procedure for registration and enforcement of custody orders across state lines.

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Failure to Pay Child Support

There are numerous consequences that stem from the failure to pay child support. One possibility is that you will be denied a U.S. passport. If you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport. If you discover your eligibility is affected due to past due child support you must first contact the Domestic Relations section that handles your case to clear the balance. After having resolved any outstanding balance, it generally takes an additional 2-3 weeks before your application for a passport will be able to be processed.

Pennsylvania Rule of Civil Procedure 1910.20 details other remedies that may be imposed for the failure to pay child support. These remedies include seizing periodic or lump sum payments, imposing liens on real property, seizing assets held in financial institutions, reducing and executing a judgment, initiating contempt proceedings, reporting past due amounts to consumer reporting agencies and suspending occupational, commercial/driver’s and recreational licenses. Once you become behind on child support the goal for purposes of enforcement is to collect any past due amount as quickly as possible. This is true even if a payment plan is agreed to between the parties and/or by the court.

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