What Is a Purge Payment and When Are They Ordered?
When a parent fails to pay court-ordered child support in Pennsylvania, the legal consequences can be serious. One option available to the court is to hold the non-paying parent in contempt, potentially leading to fines, license suspensions, or even jail time.
That said, before such severe penalties are imposed, the court may offer an opportunity for the parent to purge the contempt. Then, purge payments may come into play. Speak with a Bucks County family attorney to determine if these types of payments could be an option for you.
Contempt of Court and Child Support in Pennsylvania
A purge payment is a specific amount of money that a parent must pay to avoid further penalties. The term comes from the legal concept of purging contempt, essentially complying with a condition set by the court to correct the violation and avoid punishment.
In child support cases, purge payments are used to enforce payment obligations without immediately resorting to jail time. They are designed to give the delinquent parent a final opportunity to show good faith and begin complying with the support order.
Purge payments are typically part of a contempt of court proceeding. This means the parent has already been ordered to pay child support but has failed to do so without a valid excuse. The custodial parent or bureau of support enforcement may initiate the contempt process, which could lead to a court hearing.
At that hearing, the judge will review the payment history, assess the parent’s ability to pay, and determine whether contempt has occurred. If so, the judge may order the parent to make a purge payment by a certain deadline to avoid further penalties.
Should a judge find that a parent is willfully disobeying a child support order, that parent may face:
- Fines or fees
- Driver’s license or passport suspension
- Negative credit reporting
- Wage garnishment or asset seizure
- Incarceration
Contempt is not automatic simply because a parent has missed a payment. The court must determine whether the non-payment was willful and whether the parent has the ability to pay. If the parent can demonstrate that they’re unemployed or facing genuine hardship, the court may adjust the order, but this must be formally requested through the proper legal process.
Don’t Navigate Contempt Alone
If you’re owed child support and aren’t receiving payments, or if you’ve been accused of failing to pay, a Bucks County family attorney can help you file a contempt petition or defend against one. They also are familiar with how to present evidence of a parent’s ability or inability to pay and negotiate payment terms or modifications.
Whether you’re seeking overdue support or facing the threat of jail for unpaid child support, understanding purge payments and the role of contempt proceedings is critical. A legal professional can protect your rights throughout the process.
Do you want to talk to a lawyer about how to solve a thorny child custody situation? The attorneys at Kevin L. Hand, P.C. are available to compassionately listen and guide you through your resolution options. Call 215-515-2604 for a confidential consultation.
