Can I Avoid Paying Child Support If I'm on Government Assistance?
No, you cannot avoid paying child support just because you are receiving government assistance. In reality, the court can impute your income at the minimum wage in your state, even if you are receiving public assistance such as food stamps and Medicaid. If you fail to comply with court-ordered child support payments, aggressive collection attempts may follow, including suspension of your driver's license and passport.
Is There Any Hope for Exceptions?
If you are a mother on public assistance and believe you are too poor to pay child support, it is important to understand that being on public assistance does not provide an exemption. Even if you have no job and no income, you can still be required to pay child support. The same applies to those on Social Security Insurance (SSI) and Supplemental Security Income (SSI), who have been known to be required to pay such support.
It's crucial to remember that child support obligations are not based on personal financial hardship but rather on the child's right to financial support. Being too poor to pay means the child will suffer instead, which can be even more detrimental to their well-being.
What Happens If I Fall Behind on Child Support Payments?
Even if you are receiving public assistance, the court will calculate the child support you must pay based on the money you receive from government benefits. If you owe back payments (arrears) and they reach 12 weeks, the consequences can be severe. When you are older, these unpaid child support payments may be taken out of your Social Security benefits. Additionally, your driver's license may be suspended, and your passport may also be suspended.
What Does the Law Say?
As a responsible parent, you are not just a consumer of government assistance; you are also a provider of financial support for your child. If you are not willing to provide this support, the court may impose further measures such as garnishing your wages or taking money directly from government benefits. The law aims to ensure that both parents fulfill their financial obligations to their children, regardless of their current financial situation.
If you created a child, you have a responsibility to provide for that child. Even if you are poor, the court will still expect you to contribute towards your child's support. If you are unwilling to do so, you may face stricter penalties and may even be required to pay additional fees to cover the cost of enforcing the support order.
Conclusion
Being on government assistance does not exempt you from the obligation to pay child support. The court will consider your income, even if you are receiving assistance, and adjust your child support payments accordingly. If you are struggling with paying child support, it is essential to work with a legal professional to explore your options and ensure that you meet your obligations fairly and justly.
The goal of the law is not to punish you but to provide stable and secure financial support for your child. If you can contribute more, you should do so willingly, as it is the right thing to do both legally and ethically.