At The Darius Law Group, LLC, we often advise clients on navigating the complicated and sometimes stressful process of child support payments. Financial challenges can be overwhelming in life, but failing to fulfill court-ordered child support obligations in Connecticut has serious consequences. The state has a range of enforcement measures to ensure children receive the financial support they deserve. Parents with obligations must understand these consequences.

It is important to understand that a child support order is not just a suggestion, but a legally binding court order. Failing to comply with this order, also known as falling behind or being in arrears, can lead to a process that quickly escalates from administrative actions to possible criminal penalties.

The Connecticut Office of Child Support Services (CSS) has the authority to automatically initiate enforcement actions, often without the custodial parent needing to take further legal action. This means that if you fall behind on child support payments, the CSS may take action against you without you having to do anything else.

Immediate Financial and Administrative Enforcement Actions

The state’s first line of defense often involves powerful administrative measures that directly target income and assets. These measures are designed to be quick and efficient, minimizing the amount of money that can be transferred before it can be used for the benefit of your child.

The most common tool for this is an Income Withholding Order. This is not a request, but rather an order sent directly to your employer that requires them to deduct a support payment from your salary, similar to how taxes are deducted, and send the money to the state’s disbursement unit. This also applies to other types of periodic income, such as workers’ compensation, unemployment benefits, pensions, and annuities.

If you are behind on child support payments, the CSS may take more aggressive financial measures. They may intercept your state and federal tax refunds and apply the entire amount to your arrears. Additionally, they may place liens on your real estate and personal property. A lien on your home or car means that you cannot sell or refinance these assets without first paying off the child support debt. Furthermore, the state may freeze and seize funds from your bank accounts without prior notice, leaving you without access to your money until the debt has been paid.

License Suspensions and Passport Denials

To promote compliance, Connecticut laws use licenses that are essential for daily life and work. CSS can request suspension of your driver’s license, professional licenses (e.g., for lawyers, real estate agents, plumbers) and even recreational licenses (such as hunting and fishing licenses). This can severely limit your ability to earn income, creating an unproductive cycle of debt.

At the federal level, if your outstanding debts exceed $2,500, the U.S. Department of State may refuse to issue you a passport or even revoke an existing one. This will prevent you from travelling internationally for any purpose, whether for business or pleasure.

Contempt of Court and Incarceration

When administrative remedies are not sufficient, the matter may return to court in the form of a Contempt action. This is a type of civil lawsuit where the individual is accused of intentionally disobeying a court order. If found guilty of contempt, the court has wide discretion in imposing penalties to ensure compliance. These penalties may include ordering the individual to pay the opposing party’s attorney’s fees, issuing a fine, or, in the most severe cases, sentencing the individual to jail.

In Connecticut, non-payment can lead to incarceration. A judge may use jail time as a means of coercion. This means that you hold the keys to your cell and can only be released if you have made a payment plan or paid a certain amount. Even if you do pay, it still involves spending time in custody, losing employment, and suffering significant personal and professional harm to your reputation.

Criminal Charges and Long-Term Credit Damage

In extreme cases of intentional evasion, failure to pay can rise to the level of a criminal offense. Under Connecticut General Statutes § 53-304, if the obligated parent has the ability to pay but chooses not to or flees the state in order to avoid their responsibility, they may be prosecuted for failure to support. A conviction for this offense could result in significant prison time and create a permanent criminal record.

Finally, unpaid child support will be reported to the credit bureaus. This substantial debt can severely damage your credit rating, making it difficult to get loans, rent an apartment or get credit at reasonable interest rates in the future.

Facing Child Support Challenges? We Can Help.

The consequences of non-payment can be severe, but there are legal options available if you find yourself in a difficult financial situation. If you lose your job, experience a significant change in income, or face overwhelming debt, you may be able to petition the court for a modification of your support order due to a substantial change in your circumstances. It is important to take action before enforcement measures are taken against you.

The family law attorneys at The Darius Law Group, LLC understand the immense pressure that child support obligations can put on families. We offer compassionate and individualized attention to help our clients navigate these challenges. Don’t wait until it’s too late – contact us today for a consultation to discuss your case.