If you owe back child support, there's a good chance your case has been referred to the Office of Child Support Enforcement (OCSE). This office was established to ensure that families receive the child support to which they are entitled. In 2007, OCSE's largest group of clients were former welfare recipients. Federal involvement streamlines collection efforts across state lines and enables states to seize federal benefits, with the federal government acting as an agent.
TOP Program
The TOP program, or Treasury Offset Program, has the authority to seize your income tax refund and the statutorily allowed amount from your federal benefit check. Some federal benefits are exempt by statute, others are exempt by orders from the Secretary of the Treasury. The TOP program can authorize seizure of your income tax refund, garnish your federal benefits, such as Social Security, and prevent you from obtaining a passport.
Exempt Income
Certain income is exempt from child support collection in accordance with federal law. Social Security benefits cannot be garnished for non-tax debt such as child support, but the federal government can still seize your state and federal income tax refunds. In addition, OCSE can place a lien on your property and force a sale, if necessary. You can always work out a payment arrangement to avoid this.
Other Collection Methods
Aside from the above mentioned collection methods, the federal government has other tools in its arsenal. It can suspend driver's licenses, professional licenses or recreational licenses. It can deny you a passport, but only if you owe more than $2,500 in back support. Child support agencies also have agreements with financial institutions authorizing them to freeze and seize your accounts.
Criminal Charges
Though your Social Security income may be exempt, each state has their own methods of collecting back child support. One of these methods is criminal charges. Criminal charges and penalties vary by state and can be brought regardless of the child's resident state. The federal government can also impose federal charges, but only if the child lives in a different state than her father. The federal charge for unpaid child support is a misdemeanor and can only be brought if the support has been unpaid for a year or exceeds $5,000. If support remains unpaid for two years or the amount is greater than $10,000, you are charged with a felony.
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