Past due support refers to financial support obligations that have not been paid as required by a court order. This typically involves payments related to child support or spousal support that are overdue. When a person fails to make these payments, they are considered past due, which can lead to various legal consequences.
This term is commonly used in family law, particularly in cases involving child support and spousal support. Courts may enforce support orders through various means, including wage garnishment or legal penalties. Individuals can often manage their support obligations through legal forms and templates provided by services like US Legal Forms, which can help ensure compliance with court orders.
Here are a couple of examples of abatement:
Example 1: A parent is ordered to pay $500 per month in child support. If they miss payments for three consecutive months, they would have $1,500 in past due support.
Example 2: A former spouse is required to pay $300 monthly for alimony. If they fail to pay for two months, they would owe $600 in past due support (hypothetical example).
Examples of state differences (not exhaustive):
| State | Support Enforcement Mechanism |
|---|---|
| California | Automatic wage garnishment for past due support. |
| Texas | License suspension for failure to pay child support. |
| New York | Income withholding orders are standard for past due support. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Child Support | Financial support paid by a non-custodial parent to help with child expenses. | Child support is a specific type of support that can become past due. |
| Spousal Support | Financial support paid to a former spouse after divorce. | Spousal support can also be past due, similar to child support. |
If you find yourself in a situation involving past due support, consider the following steps:
You may face legal consequences, including wage garnishment or other enforcement actions.
