How do I collect child support if the paying parent won’t pay?

In this economy, you have to be creative when it comes to every financial decision you make. If you are the custodial parent and you are not receiving child support payments, you may feel like you have limited options.

Authors Lisa Dufour and Kim Schnuelle offer some nontraditional methods for collecting unpaid support beyond wage garnishment in this month’s issue of the Bar Bulletin published by the King County Bar Association. If you are seeking owed child support, here are some ways you can go about collecting those funds:

Qualified Domestic Relations Order – A Qualified Domestic Relations Order (QDRO) allows the child support to be collected from the paying parent’s retirement funds, including a 401K.

Two-Year Bond – If the paying parent is to receive a large asset from the sale of a house or an inheritance, you can arrange for a bond for two years of future support. The Division of Child Support (DCS) will manage the bond and is responsible for distributing the monthly child support payments as they come due.

Probate Collection – A probate collection is when you leverage the property or assets a paying parent is set to receive from an inheritance of someone who is still alive. In most cases, you can ask DCS to put a lien on the property that the paying parent is to inherit from their own parents and the lien will be placed when the property owner dies. A probate collection is one way to receive back pay as well as future child support payments and can roll into a two-year bond, if appropriate.

Liens, Foreclosures and Home Sales – When the economy flourished, foreclosures and home sales brought a surplus funds that could be put towards outstanding child support payments. At the moment, this isn’t the best method to collect owed funds.

Uniform Fraudulent Transfer Act – The Uniform Fraudulent Transfer Act (UFTA) prevents obligors from transferring property for less than its value to avoid paying child support and get away with it.

Supplemental Proceedings – This is a way for an attorney to discover any assets and debts owned by the obligor. It also allows an attorney to question any third parties that may have information regarding the paying parent’s assets without requiring a deposition.

These tactics were shared as a resource for attorneys working with clients, and it’s only the beginning.  Each method requires an attorney to write very specific language in order to make sure that the right payments and taxes are withdrawn and all of the details are uncovered.

If you are not receiving the child support your child needs or have other questions about child support, we can help. Sign up for a free attorney appointment or call Xenia at 877-776-7310 to schedule an individualized appointment.