How Do I Pay My Child Support And Maintenance?

Many people are unaware that options exist for the payment of child support and maintenance. This article discusses each method of payment, and the advantages and disadvantages of each.

Direct Payment

When most people think of paying child support, they assume that it will be paid directly from one parent to the other. The parent paying child support (also known as the obligor) can set up an automatic bill pay each month, or can transfer the funds directly to the other parent’s bank account. The obligor can also make the payment via check or money order. Paying with cash is not advised, because no record of the payment exists.

The advantage to this method is that the funds are immediately available to the parent receiving child support.

The disadvantage to making or receiving payments directly is the difficulty in tracking payments as they are received. If there is ever a dispute over the amount of child support that has been paid, discovery of bank statements and cancelled check stubs is required. Additionally, if the obligor is forgetful or avoiding child support, payments may be received late or not at all.

Family Support Registry

Rather than paying child support directly to the other parent, the obligor can make payments through the Family Support Registry (FSR). FSR is a division of Colorado’s Division of Child Support Services. The obligor makes the payment to the registry, which is then forwarded to the parent receiving support.

The advantage of making payments through FSR is that the registry keeps track of all payments received, including the date that they are received.

The disadvantage to using FSR is that it takes several days for the payment to be processed and posted to the account. For example, a payment made on May 10th may not appear in the system until May 12th, which can lead some individuals to believe the payment has not been made. It also takes a couple of days for the funds to be available to the parent receiving support.

Income Assignment

When entering a child support order, the Court can order that the payment be made via income assignment. An Income Withholding Order is filed with the Court and served on the obligor’s employer. The employer is then required by law to withhold child support amounts from the obligor’s pay check.

The advantage of an income assignment is the ease for all involved. As long as the obligor does not change jobs, the payments will be made automatically each month.

The one disadvantage of an income assignment is the way the payments are calculated. Generally, child support and maintenance orders are a monthly amount. However, if the obligor is paid biweekly, the parent receiving support will receive a prorated amount. For example, assume that Bill must pay Sally $600 per month in child support. Bill is paid biweekly. To calculate each payment, the employer will calculate the yearly amount of child support ($600 x 12 months = $7,200). This amount will then be divided by 26, the total number of pay periods in a year). This results in a biweekly payment of $276.92. In some months, only two payments will be received, resulting in a perceived shortfall to the parent receiving support. Although this will average out over the course of the year, many parents who are short on funds need the full amount of support each month.

Do you have questions about the payment or receipt of child support? Contact Katelyn to discuss the specifics of your case.