Can I Be Forced to Pay Child Support if I Don't Make Any Money?
- If you fail to comply with the order, the child support agency your case is assigned to determines you are in noncompliance and may find you in contempt of court. Contempt means you have violated a legal order established by the court and consequences for noncompliance may be enforced. However, some states do not require child support offices to obtain an order of contempt to begin enforcement action on the order.
- Enforcement of a child support order in noncompliance may include driver's license suspension, bank levies and placing liens on your personal property, such as your home or vehicle. The child support enforcement division may also seize your vehicle or impose jail time for failure to pay ordered child support. If you fall behind on your payments, the child support agency can initiate a wage garnishment order, or attach your IRS and state tax refunds. When you receive a tax refund, if you are behind in your child support payments, refunds may be intercepted and applied directly to your child support payment account.
- Each child support agency uses income information to determine child support orders. Some states use just the non-custodial, or paying parent's income and other states use the income of both parents to set the order. When you request a modification, supply new financial information. The child support enforcement office examines the information you provide and any other sources of income you may have access to when considering a new order. The child support office may also consider whether you are voluntarily unemployed and if your unemployment is temporary, before issuing a new order.
- If the child support office determines that your support order must be reduced due to your lack of income, you may qualify for a minimum support order. Each state sets different minimum payment requirements for support, but the average minimum order ranges from $50 to $100 per month. Contact your local child support enforcement office to start a modification process on your case to see if you qualify for a minimum monthly payment (see Resources).
