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Unpaid child support is a stressful burden. If you struggle to make court-ordered payments in Kansas, understand the serious legal and financial consequences. Our Overland Park-area law firm frequently assists families in Johnson County and the broader Kansas City metro with these issues. The court and state agencies have tools to enforce child support orders when a parent falls behind. We provide solutions to these complex problems.
The Agencies Involved in Child Support Enforcement
In Overland Park, child support enforcement is handled by two key agencies: the Kansas Department for Children and Families’ Child Support Services (CSS) and the Johnson County District Court Trustee’s office. When support goes unpaid, it becomes a legal judgment and is treated like any other debt. These agencies ensure that children receive the financial support they’re entitled to through wage garnishment, tax intercepts, or other enforcement tools. For parents navigating this system, understanding how the process works and staying proactive can make a meaningful difference.
Financial and Property-Related Consequences
Missing child support payments can trigger serious financial consequences, many of which happen automatically.
Income Withholding
One of the most common enforcement tools is income withholding. Under Kansas law (K.S.A. 23-3101), new or modified child support orders must include an immediate withholding order. This legal document directs employers to deduct payments straight from your paycheck, helping ensure consistent support and preventing further arrears. If you change jobs, the state will work to identify your new employer and continue the deductions.
Tax Intercepts
Federal and state tax refunds can be intercepted and applied to unpaid child support. If you expect a refund, it may be redirected to the Kansas Payment Center to cover your arrearage. Lottery winnings and other state-issued payments may also be intercepted.
Liens on Property
Overdue support can lead to a lien on your assets, including real estate and personal property like vehicles or boats. While a lien doesn’t seize your property outright, it blocks you from selling, transferring, or borrowing against it until the debt is paid.
Penalties Affecting Your Everyday Life
Beyond financial consequences, a judge can issue orders that affect your ability to drive, work, and even travel internationally.
License Suspension
The state of Kansas can suspend or revoke a parent’s driver’s license if they are in noncompliance with their child support order. This can make it difficult to get to work, attend to a child’s needs, and handle other daily responsibilities. Suspension can also apply to various professional, vocational, and recreational licenses, which can impact your livelihood. The Johnson County District Court Trustee may issue a citation for contempt of court, which can lead to license suspension.
Passport Denial
If you owe more than a certain amount in child support, the U.S. Department of State can deny a passport application or revoke an existing passport. This measure can prevent international travel, including for work or family visits.
The Most Serious Consequences: Contempt of Court and Criminal Charges
When a parent repeatedly and intentionally fails to pay child support, the consequences can become much more severe.
Civil Contempt of Court
The person who is owed child support can file a motion for contempt. This requires the non-paying parent to appear before a judge to explain why they have failed to comply with the court order. A judge can order various remedies to compel payment, including placing the parent on probation with a strict payment plan, ordering them to seek employment, or, in serious cases, imposing a jail sentence.
Criminal Nonsupport
In some cases, chronic non-payment can lead to criminal charges. Kansas statute K.S.A. § 21-5606 outlines the crime of criminal nonsupport. This is a felony in Kansas and can result in a prison sentence, fines, and a permanent criminal record. The state does not take this step lightly, but it is an option when a parent shows a persistent failure to provide for their child.
How We Can Help You Create a Game Plan
Facing the potential consequences of unpaid child support can be overwhelming. The situation can feel traumatic, and it is easy to become paralyzed by fear and stress. At Barnds Law LLC, we understand what you are going through. We are here to provide solutions to these complex problems.
Our approach is built on a team environment. We work together, sharing perspectives and ideas to use our clients’ time and money effectively. Our team of attorneys can help you understand your options, whether negotiating a new payment plan, modifying an existing order due to a change in circumstances, or representing you in a contempt hearing at the Johnson County Courthouse.
We know that a lack of communication from a legal team can add to your stress. We are highly communicative, ensuring you always know what is happening with your case and the next steps. We advocate for our clients, educate them, and give them a game plan for what’s to come. We handle the baggage so you can focus on what is important.
If you are struggling with child support payments or have questions about your legal situation, give us a call today at 913-514-0909. We can help you navigate this difficult situation and move toward a better future.
