Obligation to Support Your Children

• Both parents have an obligation to support their children. When those parents divorce or separate, the obligation continues. Often, one parent receives physical custody of the child. This parent, called the "custodial parent," generally houses the child and takes care of the child for the majority of the time. To help the custodial parent, the court orders the noncustodial parent to pay child support. The amount is usually based on the income of both parents and is made in light of what will be in the best interest of the child. Support guidelines tables created by state law help arrive at the amount the noncustodial parent must pay.
  
  

Consequences of Falling Into Arrears

• Falling behind in child support payments causes the amount due to begin to accrue. If a noncustodial parent owes $400 in child support each month and misses three months, in month four that person owes $400 for the current month plus the $1200 in arrears. The custodial parent can petition to the child support agency and the family law court and bring the noncustodial parent before a judge to enforce the child support order. In enforcing the order, the court can garnish wages and order child support liens. A child support lien may attach, for example, to the noncustodial parent's car or other property. If the parent remains in arrears, the property may be foreclosed on and sold to satisfy the lien. According to Nolo.com, the arrearage is also reported on your credit report.
  
  

Grounds to Modify Child Support

• A parent may have grounds to have child support lowered or otherwise modified. To support a modification, the parent must show that there has been a change in circumstances since the last order was put in place. Changes in circumstances include job loss due to circumstances beyond that parent's control, a new job or promotion for the other parent or a change in custody. Even if the support amount is lowered, however, the amount in arrears must still be paid.
  
  

Petition to Modify Child Support

• To modify child support, a parent must submit a petition to the family law court. The petition must set forth the grounds to modify the obligation and must be supported by evidence of lack of income or other circumstances warranting the change. If a parent is having trouble paying support, she should consider filing a motion to modify the support rather than falling further into arrears.