A child support purge payment is a type of payment that is made to satisfy past-due child support payments to avoid or lift a contempt of court order. In other words, it is a payment made to “purge” oneself of the contempt charge.
When a parent fails to pay child support as ordered by the court, the custodial parent or state agency can file a motion for contempt. If the court finds the parent in contempt, they may impose various penalties, such as fines or even jail time, until the parent pays the overdue child support.
To avoid or lift a contempt of court order, the parent who owes child support may make a purge payment, a lump sum payment to satisfy the past-due amount. The amount of the purge payment is typically set by the court and can vary depending on the circumstances of the case.
Once the purge payment is made, the court may lift the contempt order, and the parent can avoid or be released from any penalties associated with the contempt. However, it’s important to note that ongoing child support payments must still be made as the court orders.
Child support is a legal obligation that parents have to support their children financially. When a parent fails to pay child support, they may be subject to various legal penalties, including a contempt of court order. Sometimes, a child support purge payment may be required to lift or avoid the contempt order.
This article will discuss what a child support purge payment is, when it may be necessary, and how to make it. We will also address common FAQs related to child support purge payments and provide resources for getting legal help.
What is a Child Support Purge Payment?
A child support purge payment is a lump sum payment made to satisfy past-due child support payments to avoid or lift a contempt of court order. A contempt of court order is a legal penalty that can be imposed when a parent fails to pay child support as ordered by the court.
When a parent is in contempt of court for failing to pay child support, the court may impose various penalties, such as fines, wage garnishment, or even jail time, until the parent pays the overdue child support. A child support purge payment can satisfy the past-due amount and avoid or lift the contempt order.
The amount of the purge payment is typically set by the court and can vary depending on the circumstances of the case. The parent who owes child support must make the purge payment in a lump sum, which must be paid in full before the contempt order can be lifted.
When is a Child Support Purge Payment Necessary?
A child support purge payment may be necessary when a parent has fallen behind on their child support payments and is facing a contempt of court order. The court may issue the contempt order at the request of the custodial parent or state agency responsible for enforcing child support orders.
In some cases, the court may give the parent who owes child support a chance to avoid the contempt order by making a purge payment. This may be an option if the parent can demonstrate that they can pay the past-due amount but have failed.
It’s important to note that a purge payment is only temporary and does not relieve the parent of their ongoing child support obligation. The parent must continue to make regular child support payments as ordered by the court, or they may face further legal penalties.
How to Make a Child Support Purge Payment
If you are facing a contempt court order for failure to pay child support, you may be required to make a child support purge payment to avoid or lift the order. Here are the steps you should take to make a purge payment:
- Contact the court: The first step is to contact the court that issued the contempt order and ask about the requirements for making a child support purge payment. The court may require you to submit documentation showing your income and expenses to determine the amount of the purge payment.
- Calculate the amount owed: Once you have the requirements from the court, you will need to calculate the amount of child support that is past due. This will include any interest or penalties accrued on the past-due amount.
- Make the payment: Once you know the amount owed, you can make the purge payment in a lump sum. The price must be completed in total and made to the court or state agency responsible for enforcing the child support order.
- Provide proof of payment: After you make the payment, you should provide proof of charge to the court or state agency. This may include a receipt or confirmation from your bank showing the costwas made. It’s essential to keep a record of the amount and proof of payment in case of future issues.
- Wait for the contempt order to be lifted: Once the purge payment is made and the court or state agency receives proof of income, they will review the case and determine whether to lift it. If the order is stolen, you will no longer face legal penalties for failing to pay child support.
- It’s important to note that making a child support purge payment does not guarantee that the contempt order will be lifted. The court or state agency may still impose penalties if they determine that you have not made a reasonable faith effort to pay the past-due amount.
Frequently Asked Questions About Child Support Purge Payments
Here are some common questions that parents may have about child support purge payments:
What happens if I can’t afford to make a purge payment?
If you cannot make a child support purge payment, you should contact the court or state agency responsible for enforcing the child support order and explain your situation. They may be able to work with you to set up a payment plan or find other options to help you get caught up on your child support payments.
Can I make a partial purge payment?
No, a child support purge payment must be made entirely to satisfy the past-due amount. The court or state agency responsible for enforcing the child support order will not accept partial payments.
What if I disagree with the amount of the purge payment?
If you disagree with the amount of the child support purge payment, you should contact the court or state agency responsible for enforcing the child support order and request a hearing to review the amount. You may need documentation showing your income and expenses to support your position.
Can I make a purge payment directly to the custodial parent?
No, a child support purge payment must be made to the court or state agency responsible for enforcing the child support order. Making a payment directly to the custodial parent will not satisfy the past-due amount and may not be recognized by the court.
Will making a purge payment affect ongoing child support payments?
No, making a child support purge payment does not affect your ongoing child support obligation. You must continue to make regular child support payments as ordered by the court, or you may face further legal penalties.
How to Get Legal Help with Child Support Purge Payments
If you are facing a contempt of court order for failure to pay child support, seeking legal help as soon as possible is essential. A family law attorney can review your case, help you understand your options, and represent you in court if necessary.
To find a family law attorney, you can:
- Contact your local bar association for a referral
- Search online for family law attorneys in your area
- Ask for a referral from a friend or family member who has worked with a family law attorney
Choosing an attorney with experience handling child support cases and who you feel comfortable working with is essential. Ask about their fees, payment options, and approach to addressing child support purge payments.
A child support purge payment is a lump sum payment made to satisfy past-due child support payments and avoid or lift a contempt of court order. If you face a contempt order for failure to pay child support, a purge payment may be necessary to resolve the issue.
Following the steps outlined by the court or state agency responsible for enforcing the child support order is essential when making a purge payment. If you cannot make a purge payment or disagree with the amount, you should seek legal help to understand your options and protect your rights.
By understanding what a child support purge payment is and how to make one, you can take steps to resolve any.