Different Ways to Pay Your Child Support: Pros and Cons

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As an 18-year veteran of our nation's Draconian child support system, I found myself fascinated by the process and how it all works. Personally, I'd love to see a system that works as hard to keep families together as it does to make sure that the non-custodial parent comes up with the money. A parent spending time with their child is just as important as the check arriving in the mail.

With all that put to the side, I thought I would lay out three of the primary ways that child support is paid in America, and the pros and cons of each approach. This may help you make decisions if you are embarking on your own journey through the land of child support.


The first method is simple: Good old-fashioned person-to-person payments, where the check is sent directly from one parent to the other. The advantage of this method is that it's simple and easy, with no processing by the state. The disadvantage is that the receiving parent has to keep records and track all payments received. It is far more difficult to enforce collection efforts in the event that you don't get what you are owed. If you take this approach, you may want to have a legal contract drawn up which includes a provision for what happens in the event that payment isn't made (i.e. wage garnishment or some other enforcement measure).

The second method of payment is wage garnishment. In this case, the money is deducted from the parent's paycheck and sent either directly to the receiving parent or to the Child Support enforcement agency. This process is a bit more complicated, since your employer has to be notified and a garnishment order must be obtained from the court. If the order is given, then the employer is legally obligated to withhold the payments.

The advantage of garnishment is that it's easier to ensure that you'll get paid this way. The disadvantage is that it may create hostilities between you and the other parent. Other disadvantages are that there are limits to how much you can garnish and you can't garnish wages if the paying parent is self-employed. Finally, if the other partner quits his/her job, that will force you to have to do the work necessary to find their new employer and begin collection efforts all over again.

The Consumer Credit Protection Act defines the rules and laws of wage garnishment. According to the law, you can only have 50% of your wages garnished if you are supporting another child, and up to 60% if you have no other children. Another 5% of your wages can be withheld if you have arrears of more than 12 weeks.

The third option for child support payment is to have the funds collected by your state child support enforcement agency. The advantage of this approach is that enforcement is easier through an agency and you don't have to keep records. Additionally, you don't have to speak to the other parent if you don't want to. The disadvantage is that the government doesn't take many excuses, so the child support order is going to be strictly enforced. This may breed some resentment from the other parent. Also, going through a government agency means that you're going to have a bit more bureaucracy to deal with.

When it comes to child support collection and enforcement, the bottom line is this: Make sure you pay child support, since your children have needs. Additionally, the penalties for non-payment can be severe. If someone owes you child support money, you should push for collection and not allow a bad parent off the hook from their responsibilities. Again, it's all about the kids having what they need. Finally, remember that money is never more important than love. Don't allow your own financial issues to keep a parent away from his/her child; children need their parents more than money.

To get assistance on your own child support collection efforts, sites like ChildSupport.com can help.

Dr. Boyce Watkins is the founder of the Your Black World Coalition and the author of the new book, "Black American Money." To have Dr. Boyce commentary delivered to your email, please click here.

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