The consequences of not paying child support can be severe in Missouri. Although many non custodial parents, usually men, may not agree with the amount they have been ordered pay their ex in child support, few will argue that both parents have a legal and moral financial duty to provide support to their children.
Financial support is essential for the welfare of the children involved after a break up or divorce. Child support is used for, among other things, the resources kids need for their normal everyday living expenses, education, healthcare, extracurricular activities, and general up keep. When the parent ordered to provide support willfully refuses by not paying child support, the penalties can be severe. In Missouri, failing to pay child support can lead to criminal prosecution.
Paying Child support can be significant impediment for divorced fathers with children. Although Missouri courts will take into consideration economic obstacles and a man’s ability to pay child support, there are serious consequences for willfully failing to pay child support when you have the financial ability to do so. Typically, one of the first repercussions of failing to pay child support is the filing a motion for contempt of court by the opposing parent. If the non-paying parent is found in contempt of court, they may be fined or incarcerated until the child support shortage is resolved.
Alternatively, in some situations a state prosecutor can choose to charge the offending parent with criminal non support. Depending on the amount of the arrearage (how much money the parent is behind), the crime of criminal non support can be a misdemeanor or a felony. In Missouri, the punishment for conviction on a misdemeanor is generally a fine, but can also include incarceration for up to a year. Obviously the punishment for a felony can be much more significant.
If you are found in contempt of court or found guility of criminal nonsupport, Missouri courts may impose a variety of serious penalties on those parents who fail or refuse to pay child support.
1. Wage Garnishment: a judge can order the state to take the money you owe out of your paycheck. Up to a certain percentage pay be deducted from your paycheck every pay period until you are caught up on payments. This can be incredibly frustrating because you have no control or way to combat this. Your employer is required by law to comply with the order of garnishment, otherwise they themselves could face legal repercussions. If you are self-employed, a wage garnishment is much more difficult to enforce. Many self employed individuals do not necessarily pay themselves a pay check at regular intervals. They instead transfer money to themselves from the business as it becomes available or when it is needed.
2. Seizure of tax refund: Courts can order the confiscation of any state or federal tax returns if you have a large unpaid child support debt. In this case, you will first receive a Pre-Offset notice from the IRS explaining why your case was submitted to the offset program. The pre-offset notice includes information about federal tax refund offset (seizure of your entire tax refund), administrative offset, passport denial, as well as other actions the child support agency may take to collect a past-due amount of support. Instructions on how to challenge the tax refund seizure are also included in the notice. For more information about your tax refund potentially being seized due to back child support, please visit https://www.acf.hhs.gov/css/faq/how-does-federal-tax-refund-offset-program-work
3. Held in Contempt of Court: A judge may hold the nonpaying parent in contempt of court for failing to pay the court ordered child support. Contempt of court is a criminal charge which can be punished with monetary fines or even prison time. Typically the parent who is owed money will file a motion for contempt of court, then the other parent will have a chance to respond to and file an answer/response to the accusations.
4. Suspension of Licenses: Failure to pay child support can lead to suspension or revocation of driver’s licenses, professional licenses and even recreational licenses such as a fishing license/hunting license. I know many men who are very passionate about hunting and fishing, so this could seriously affect their happiness. These penalties are usually reserved for severe cases where the nonpayment is willful because, much like debtor's prison, if the offending party cannot work and earn money, its very unlikely they will be able to contribute to reducing the debt. Losing one's ability to earn money will typically only increase the amount of the debt.
5. Credit Reporting: The state of Missouri may report your failure to pay child support to credit reporting agencies, thus harming your credit score and your ability to borrow money or finance a car or house. A poor credit score not only effects your ability to borrow money, it increases the cost of borrowing money because the lender will charge you a high interest rate because they consider you at high risk of defaulting and not paying back the loan.
6. Liens: If nonpayment is severe, it’s possible the state could put a lien on a home, car or any other property owned by the nonpaying parent.
7. Passport Denial: If more than $500 in child support is owed, the nonpaying parent may be denied issuance of a passport. Again, in some circumstances this could affect your ability to earn a living if travelling abroad is part of your job.
8. Seizure of assets: in addition to liens being placed on property, the court can actually order a nonpaying parent’s property to be seized if the amount of back child support warrants it. Waking up to realize your car has been seized would not be the best way to start your day
The Missouri statute which addresses the criminal charge of nonsupport is provided below.
568.040. Criminal nonsupport, penalty — definitions — payment of support as a condition of parole — expungement of records, when — prosecuting attorneys to report cases to family support division. — 1. A person commits the offense of nonsupport if he or she knowingly fails to provide adequate support for his or her spouse; a parent commits the offense of nonsupport if such parent knowingly fails to provide adequate support which such parent is legally obligated to provide for his or her child or stepchild who is not otherwise emancipated by operation of law.
For men who try to support their children but simply can't make ends meet, there are options. The worst thing you can do is ignore the situations. Courts are run by humans, many of which are understanding and compassionate individuals.
1. Discuss your inability to pay child support with the court or the Missouri ~Child Support Enforcement Division. Show them proof of your inability to pay. It's possible they might adjust the amount you owe or set up a fair extended payment plan.
2. Request a Modification: If you have changed jobs, lost your job, or become injured and unable to work, or your financial situation has changed substantially in any way, you can file a motion to modify the the court order including the amount of child support you were ordered to pay. To do this, it would be wise to hire an experienced attorney to help you with this, and you will need to provide evidence of your changed ability to pay.
3. Keep Documentation of Your Finances: Retain complete financial records of your income, expenses, as well as any significant changes in your financial situation/ability to pay. This documentation may be essential if you need to show to the court your decreased ability to pay child support as ordered by the court.
4. Seek A Qualified Attorney: You really should consider discussing this matter with a family law attorney dedicated to helping men and fathers. Such as attorney can provide valuable guidance on how to traverse the legal system in Missouri and make for certain that your rights are preserved.
5. Explore Financial Assistance Programs: In some areas there are community resources such as assistance programs available that can help with financial support such as your reduced ability to pay child support.
If you are a man with back child support payments and possibly facing repercussions, call The Men's center for Domestic Resolution at (816) 287-1530 to schedule a consultation. With the appropriate legal representation, it is possible to work out a plan to avoid further problems. There are almost always options and a solution tailored to meet your needs. Even if you feel the amount of child support you have been ordered to pay is unfair, inappropriate or unjust, this issue can be discussed as well. If there has been a substantial change in circumstances since the child support amount was determined, we can petition the court by filing a motion to modify requesting a change in the amount of monthly child support payments.
As the single full time father of 3 teen girls, I have personally been through several significant family law issues in court. I know the painful emotions and fear associated with a man going through these matters. It may well be the most difficult experience of your life.
We represent men in the Kansas City metropolitan area who are going through divorces or separations involving children. Please let us know how we can help. We provide empathetic family law legal services tailored toward helping men and fathers.
The Men's Center for Domestic Resolution
1005 Cedar St.
Pleasant Hill, MO 64080
816 287 1530
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