What If A Parent Refuses To Pay Child Support?

Child support is a critical financial obligation to ensure a child’s well-being post-separation or divorce. When a parent refuses or delays payment, it can adversely affect the child’s needs. Indian family courts have strong powers to enforce child support orders and protect the child's rights, emphasizing that non-payment is a punishable offense.

Legal Recourse and Enforcement Mechanisms

Filing a Maintenance Application

The custodial parent or guardian can file a petition under Section 125 of the Code of Criminal Procedure (CrPC) or respective personal laws seeking enforcement of child support orders.

Contempt of Court Proceedings

Failure to comply with court-ordered child support can lead to contempt proceedings. The defaulter parent may face fines or imprisonment until they comply.

Attachment of Salary or Property

Courts can direct the employer to deduct child support directly from the defaulter’s salary (garnishment). Property assets may also be attached and sold to recover dues.

Police Intervention

In extreme cases, if the defaulter intentionally evades payment, the custodial parent may approach the police for enforcement.

Modification and Review

Courts may review the amount if the defaulter claims genuine financial hardship but will require proof of changed circumstances.

Legal Notices and Summons

The court can issue summons compelling the defaulter parent to appear and explain non-payment.

Impact of Non-Payment on the Child

Lack of funds affects the child’s education, healthcare, nutrition, and overall welfare.

Courts prioritize timely payment to ensure uninterrupted care.

Example

A mother has custody of a 10-year-old child. The father, ordered by court to pay ₹15,000 monthly as child support, stops payments for three months.

Steps the mother can take:

• File an application under Section 125 CrPC for enforcement.
• Request the court for contempt proceedings against the father.
• Seek an order for salary garnishment to recover unpaid amounts.
• Inform the family court of any hardship or new developments.
• If necessary, pursue police assistance or civil remedies.

The court will act swiftly to enforce compliance, emphasizing the child’s right to maintenance.