What Happens When Someone Refuses to Pay Child Support?

January 17, 2023Divorce UtahChild Support, Child Support Calculation, Child Support Enforcement, Child Support Modification

I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah).

Many things can happen. What follows is not an exhaustive list of consequences of not paying child support, but it’s a pretty good one just the same. Not paying child support as court-ordered can result in:

damage to your negative credit score/reports
judgments can be issued for the unpaid amount of child support, which judgment can be collected by various means, including
- garnishing wages to collect arrearages (“arrearage” means an amount of money owed that is past due for payment);
- garnishing funds in your bank or other financial accounts;
- additionally, the judgment can include interest on the unpaid judgment amount and the costs of collection, if any.
the delinquent child support obligor (an “obligor” is a person obligated to make payments) being held in contempt of court and then penalized (also known as “sanctioned”) for noncompliance with the court order. Those sanctions can include:
- a fine not exceeding $1,000;
- incarceration in the county jail for up to 30 days; or
- both a fine not exceeding $1,000 and incarceration in the county jail for up to 30 days
- an award of attorney’s fees in favor of the prevailing party against the party who is found in contempt,
- having one’s licenses revoked until the child support arrearages are fully paid. Which licenses, you may ask?:
  - driver’s license
  - professional license(s)
  - hunting, fishing, and other recreational licenses
the delinquent obligor being criminally prosecuted for what is known as “criminal nonsupport”
the Office of Recovery Services can:
- intercept the delinquent obligor’s state and/or federal income tax refunds;
- cause use of the delinquent obligor’s passport to be suspended or cause it to be revoked until the arrearages are paid.
liens can be issued against your vehicle or other kinds of property.