How Much Back Child Support Is A Felony? Know What To Expect and Avoid Risky Penalties

Child support is a legally mandated payment made by a noncustodial parent to the custodial parent to aid in the care and upbringing of their shared children. These payments are critical for the welfare of the children involved, ensuring that they have access to food, clothing, shelter, and education. However, when a parent fails to make these payments, they may accrue what is known as “back child support.” But when does failing to pay child support cross over from a civil issue to a criminal one?

This article will explore the question: “How much back child support is a felony?”

Is Back Child Support a Felony?

The United States takes child support very seriously, and each state has its own set of guidelines and enforcement mechanisms. While the specific amount that constitutes a felony varies by state, there are general circumstances under which nonpayment can lead to felony charges. A felony is a serious crime that is punishable by more than one year in prison. When it comes to child support, the distinction between a civil case and a criminal one generally hinges on the amount owed and the duration of nonpayment, as well as the noncustodial parent’s ability to pay and deliberate evasion of payment responsibilities.

How Much Back Child Support Do I Owe Before It’s a Felony?

Determining how much back child support is a felony depends on various factors, including state laws and the time period over which the payments have been missed. Some states set threshold amounts, while others focus more on the length of time in arrears. For example, in some states, owing more than $2,500 in back child support can trigger federal enforcement actions.

Moreover, under the federal Deadbeat Parents Punishment Act (DPPA), if a parent willfully fails to pay child support for a child residing in another state, and the amount has remained unpaid for over a year or is greater than $5,000, it is considered a criminal misdemeanor. If the amount exceeds $10,000 or the support has been unpaid for more than two years, it is classified as a felony.

The Consequences of Felony Child Support Evasion

The consequences of being charged with a felony for nonpayment of child support can be severe. They may include:

• Imprisonment
• Fines and penalties
• Garnishment of wages
• Seizure of property
• Interception of tax refunds
• Revocation of professional licenses
• Denial of passports

These consequences are not only punitive but also aim to recover the back child support owed. It is important to note that being incarcerated does not absolve the obligation to pay child support; the debt can continue to accrue during imprisonment.

How Much Can Child Support Take If You’re Employed?

If you are employed and owe child support, the custodial parent can request an income withholding order or wage garnishment. The amount that can be taken from your paycheck for child support, including arrearages, is governed by the Consumer Credit Protection Act (CCPA). Generally, up to 50% of your disposable earnings can be garnished if you are supporting another spouse or child, and up to 60% if you are not. An additional 5% may be taken if you are over 12 weeks in arrears. However, the exact limits can vary by state and individual circumstances.

How Much Child Support If Unemployed?

If you are unemployed, your child support obligations do not automatically disappear. Courts can impute income based on your previous earnings, potential earning capacity, and the state’s minimum wage. Unemployment benefits can also be garnished for child support. If you experience a significant change in circumstances, such as job loss, it is crucial to petition the court promptly for a modification of your child support order to avoid accruing unmanageable arrears.

What to Do If You Owe Back Child Support

If you find yourself owing back child support, it is imperative to take action promptly to avoid potential felony charges. Here are some steps you can take:

• Contact your local child support enforcement agency to discuss your situation.
• Request a review of your child support order if your financial circumstances have changed.
• Attempt to negotiate a payment plan for the arrears.
• Stay in communication with the custodial parent and the court, demonstrating your willingness to fulfill your obligations.
• Seek legal advice to understand your rights and responsibilities.

Case Studies and Examples

In recent years, there have been notable cases that highlight the severity of failing to pay child support. One example involves a business owner who was sentenced to six months in prison after accruing more than $100,000 in back child support over several years. Another case saw a professional athlete facing felony charges for owing tens of thousands of dollars in child support despite having the means to pay. These cases demonstrate that income level does not exempt anyone from the responsibility of supporting their children and that the legal system can and will take serious action against delinquent parents.

Statistics on Back Child Support and Its Implications

According to the Office of Child Support Enforcement (OCSE), billions of dollars in child support go unpaid every year in the United States. These arrears have significant implications not only for the parents involved but also for the children who rely on these payments for their day-to-day needs. The accumulation of back child support can perpetuate cycles of poverty and negatively impact a child’s quality of life and future opportunities.

Conclusion: The Importance of Meeting Child Support Obligations

Child support is a critical responsibility that ensures the wellbeing of children after their parents’ relationship has ended. Failing to meet this obligation can lead to serious legal consequences, including felony charges when substantial arrears accumulate, and deliberate nonpayment is evident.

If you are struggling to make child support payments due to financial hardship or other circumstances, it is essential to seek a modification of your support order and to communicate openly with child support enforcement agencies to avoid escalating penalties. Ultimately, maintaining regular child support payments is not only a legal mandate but also a moral one, reflecting a commitment to the welfare and future of your children.

Originally posted 2023-03-16 13:04:05.