Can Alimony Be Paid Directly to the Ex-Spouse & Child Support Through Child Support Enforcement?

By Heather Frances J.D.

When couples divorce, the court may issue a divorce decree ordering a spouse to pay child support and alimony to the other spouse. Typically, the divorce decree describes the manner in which payments must be made. Courts may direct that alimony be paid directly to the recipient spouse while child support is paid to the recipient spouse through the state’s child support agency. However, if these arrangements do not work well for the parties, the court may permit alternate arrangements.

When couples divorce, the court may issue a divorce decree ordering a spouse to pay child support and alimony to the other spouse. Typically, the divorce decree describes the manner in which payments must be made. Courts may direct that alimony be paid directly to the recipient spouse while child support is paid to the recipient spouse through the state’s child support agency. However, if these arrangements do not work well for the parties, the court may permit alternate arrangements.

Child Support Agencies

The Child Support Enforcement Program is a partnership between federal, state and local governments in the collection of child support and its administration varies between states. The program’s goal is to help custodial parents locate non-custodial parents, establish paternity, establish and enforce child support orders, modify orders when appropriate and collect and distribute child support payments.

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Paying Child Support

Courts may order parents to pay child support through the state child support agency rather than paying it directly to the custodial parent. Typically, child support orders that are part of divorce decrees come with income withholding orders. An income withholding order directs the non-custodial parent’s employer to withhold child support from the non-custodial parent’s paycheck and send it to the state child support agency. The state child support agency then distributes it to the custodial parent. Even if the non-custodial parent is self-employed, loses his job or is between jobs, his payment obligations continue; therefore, in such cases, he may be required to make payments directly to the state child support agency for distribution to the custodial parent.

Direct Payments

Courts may order alimony payments as part of a divorce decree and will typically order the paying spouse to make payments directly to the receiving spouse. In some cases, the court might allow the paying spouse to pay both alimony and child support to the other spouse directly if both spouses agree, but state laws vary on the permissibility of direct payments.

Garnishment for Alimony

If a paying spouse falls behind on his alimony payments, the receiving spouse can file a motion asking the court to find the paying spouse in contempt of court and request a wage garnishment for the past-due alimony payments. Wage garnishment orders the paying spouse’s employer to withhold money from the spouse’s wages and forward the payment directly to the receiving spouse until the past-due amount is brought current.

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Does Child Support Have to Be Paid Through Court?

References

Related articles

How to Get Child Support When the Father Does Not Get Paid From a Conventional Job

Since January 1994, the United States government has mandated that all child support orders include provisions for payment through income withholding or wage garnishment. It’s a highly effective means of collection, but when the non-custodial parent is self-employed or chronically unemployed, wage garnishment can prove impossible. If you suspect your child’s other parent isn’t going to be honorable about voluntarily sending you child support checks, you can address this at the time the court issues your child support order.

Kansas Laws on Non-Payment of Child Support

Kansas monitors child support by requiring parents to make their payments through the Kansas Payment Center. Language to this effect must be included in every new or modified child support order. Under both state and federal law, child support payments are made through income withholding orders, or IWOs. IWOs obligate a parent's employer to deduct child support from his wages or salary and forward it to the state. If a parent is unemployed or self-employed, however, IWOs may not work and a parent can fall behind with payments.

Pennsylvania's Laws Regarding Child Support

Since 1988, the federal government has required that each state enact laws for the payment and collection of child support, including a formula by which each jurisdiction will calculate it. Pennsylvania uses the income-shares model. Unlike the other formula commonly used, the income-shares model takes into account the income of both spouses. It aims to provide your kids with the same level of support they would have enjoyed if you and your spouse remained married.

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