Both parents have an obligation to provide for their children, and that obligation does not cease to exist after a divorce.
A deadbeat dad is a father who does not provide for a family that he was part of creating.
It refers to a father who has been negligent in his parenting responsibilities – by failing to pay child support to the parent who has majority custody or has failed to be a presence in his child’s life. Since child support is often decided by a court, neglecting to pay it can incur criminal prosecution and even jail time.
In 1998, the Deadbeat Parents Punishment Act established that parents who willfully fail to pay child support may be committing a felony. This legislation is sometimes referred to as the Deadbeat Dad Law. In addition, it is also a Federal offense for parents to deliberately cross state lines to evade making child support payments.
The word deadbeat, however, is not only used to describe a dad, but can be used to describe a mom. It is used to describe all non-custodial parents who willfully evade paying child support. “Deadbeat” is not a legal term; it is a slang word that, over time, has become acceptable by the public to describe parents who do not comply with their legal obligations to support their minor children.
Under the Deadbeat Parents Punishment Act, non-custodial parents may be prosecuted if they have unpaid payments of more than $5,000 or if they have not made payments for more than one year. And, if they have not been making payments for more than two years, or if the total of their unpaid payments is greater than $10,000, the court can fine or imprison them, or both. Imprisonment for the first offense is six months and two years for every following offense.
If you are having trouble collecting child support from your former spouse, contact the Orange County family law offices of Amy M. Montes. We are committed to seeing that you receive a fair judgment and that your children receive the support they need and deserve.
