How does the Friend of the Court enforce child support?

How does the Friend of the Court enforce child support?

There are several different methods of collecting past due support.  Depending upon a support payer’s circumstances, the court will determine which method best suits the pursuance of payment.  The methods include:

• INCOME WITHHOLDING: The FOC can require the support payer’s employer or other income source to withhold the support from the payer’s income. The payer will be notified before the income withholding starts by receiving a copy of the income withholding notice. The withheld amount cannot exceed 50 percent of the payer’s disposable earnings.
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• CONTEMPT HEARING (Show Cause Hearing): If support is not paid on time, the FOC or a party may bring a contempt action against the payer. The court will order the payer to appear in court and “show cause” why payments have not been made. If the payer fails to appear for a show-cause hearing, the court may issue a bench warrant for the payer’s arrest. If the Court finds the payer in contempt, the payer may be ordered to pay a certain sum of the child support debt or committed to the county jail up to 45 days (90 days for a second offense). The Court may impose fines and other sanctions as well.
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• INCOME TAX INTERCEPT: If child support is overdue and the case otherwise satisfies state and federal requirements, the FOC must request an income tax “intercept.” In such cases, any tax refund to which the support payer is entitled will be paid to pay past due support.