When child support payments stop showing up, that is more than frustrating. You still have to pay for rent, groceries, school supplies, and daycare. Unfortunately, those expenses do not pause because the other parent decides not to pay.
So, what happens if the other parent doesn’t pay child support? Since this is a legal obligation for the other parent, there are a few steps that you can take to resolve the issue.
Child Support Is Not Optional
In Tennessee, once a judge signs a child support order, that is a legal order. The paying parent cannot decide to stop paying because they are upset about custody or feel the amount is unfair.
If their circumstances change, they have to return to court and request a modification. However, until a judge approves a new amount, the original order stays in place.
How Does Tennessee Enforce Child Support?
If someone is not paying child support, Tennessee gives you a few options. The state has several enforcement tools, such as:
Wage Garnishment
One way to get someone to pay for child support is through income withholding. Child support is taken directly from the paying parent’s paycheck. If payments stop, the court can step in and enforce wage garnishment.
Tax Refund Intercepts
If the other parent is behind on support, state and federal tax refunds can be intercepted. That money will be applied toward the arrears.
License Suspension
Tennessee can suspend a driver’s, professional, or recreational license for failure to pay child support.
Contempt of Court
If the court believes the parent has the ability to pay but is choosing to ignore it, a judge can find them in contempt. That can lead to fines and even jail time.
Liens and Asset Seizure
The state can also place liens on property or seize certain assets to satisfy unpaid support.
What If the Other Parent Says They Can’t Afford It?
Sometimes nonpayment is tied to financial hardship in the other parent’s life. Job loss, medical issues, or other major life changes can affect someone’s ability to pay.
However, the support amount does not change automatically. The paying parent must file a petition to modify the order. Until the court approves a new amount, the original obligation will continue. Any missed payments will become arrears.
If you are the receiving parent, you should not have to absorb the financial hit because the other parent failed to take proper legal steps.
On the other hand, if you are the parent who cannot afford the payments, you need to seek a court modification. Waiting and doing nothing will only make the situation worse.
Does Nonpayment Affect Visitation?
In Tennessee, child support and visitation are treated as separate issues. A parent cannot withhold visitation in a parenting plan because support has not been paid. Also, a parent cannot stop paying support because they are being denied visitation.
While it may feel unfair, the law handles these matters independently. Each issue must be addressed through the right legal channels.
What Should You Do If Payments Stop?
If child support has stopped, you have a few options. You can:
- Contact the Tennessee Department of Human Services for enforcement assistance
- File a petition for contempt in the court that issued your order
- Speak with a Tennessee family law attorney about your options
With help from a lawyer, they can help you calculate arrears, file the right motions, and represent you in court if enforcement. Not receiving child support is a big financial burden, and there is help to support you through this time.
Legal Options to Get Child Support
What happens if the other parent doesn’t pay child support? You do not have to accept it. A court order carries weight. Fortunately, the state of Tennessee has real enforcement tools to back it up.
If you are dealing with missed payments or mounting arrears, Easter & DeVore, Attorneys at Law can assist. We can help you find options for your child support situation. Reach out today and schedule a consultation.
