Child Support Enforcement and Federal Criminal Law
Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works. Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more. In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992. Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool. The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement. A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines. The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support. The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time. If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you. Jean Mahserjian has practiced family law for close to two decades and is the author of many books devoted to helping consumers understand family law. To download free excerpts from her family law books, visit: Child Support and Divorce Help
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How an Attorney Can Help with Divorce and Child Custody Issues
Divorce is without a doubt a very painful process for all the parties involved and can even be more traumatic and frustrating for your kids who are suffering the discomfort of daily arguments at home. Once you have arrive at the conclusion that divorce is the healthiest and most appropriate way to solve your marital problems once and for all, the very next step is to find a good lawyer who can help you put your case together in order to bring it to court.
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Divorce Decisions - Find A Good Divorce Lawyer
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Divorce & Child Custody
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Overview "Alimony" is the term used in many states for financial support paid to a ex-spouse after a divorce. In other states the term "alimony" has been replaced with the term "Spousal Maintenance" or "Spousal Support" or "Family Support." The terms, however, are synonymous.
The Factors Involved in Determining Who Gets Child Custody in a Divorce
Child Custody during a Divorce in Michigan
When children are involved in divorce proceedings it can be difficult and emotional for everyone who is involved, which is why the right decision needs to be made first time round
In order to make the right decision first time round, courts in Michigan are required to evaluate ýinterestý factors by looking at a series of considerations which are meant to help when it comes to making the decision
Divorce and Children: Things To Consider When Youre Staying Married Only For Your Children
All children are different and respond differently to divorce. Depending on the characteristics of the children - age, emotional maturity, happiness, resiliency to trauma - the easier or more difficult it will be for children to weather a divorce.
Raleigh North Carolina Divorce / Family Lawyers Help Keep Community Better Informed with Online News Reel
Family law practice Gailor, Wallis, & Hunt PLLC demonstrates commitment to families with new website features and more personalized service.
Divorce Workbook Provides Valuable Insight into Young Child's Mind Through the Divorce Process
The Parent Survival Kit: Divorce Edition, a colorful 56-page workbook designed for children ages 4-12 whose parents are going through separation or divorce, helps kids work through issues surrounding a divorce and offers parents, educators and counselors invaluable insight into the child's perceptions through the divorce process.
Divorce Lawyer Says Families Do Not Belong In The Court Of Law
Fresno divorce attorney Erin Rhames-Childs says that the court of law is no place to divorce. The courts are overworked and understaffed - leading to poor legal decisions that are not in the best interests of those involved. Collaborative divorce is a way for couples to divorce while maintaining their dignity, making decisions that truly are in the best interests of their children and preserving their finances. Collaborative divorce is quicker, cheaper, and better for maintaining functional relationships for after the divorce is over.
Hire Divorce Lawyer or Use Online Divorce Forms
When do you need to hire a family law attorney and when is it okay to just use an online divorce form website to save a little money? This article will provide a few pointers to help you decide whether to do it yourself or retain a divorce lawyer.What Does it Mean to Use an Online Divorce Form Website?Essentially, using an online form website in your divorce case means that you will represent yourself and act as your own lawyer.
Fresno Family Law Attorney Says Collaborative Law Can Provide Smoother and More Affordable Divorce
Fresno family law attorney Erin Rhames-Childs says collaborative law can help people can reduce the conflict and cost of divorce litigation.
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