The Pros and Cons of Paying Support Through the State

In the majority of family law cases, one party is required to pay support to the other, whether it is spousal support, alimony pendente lite, alimony, or child support. An important consideration in any support matter, regardless of whether you are the payor or the payee, is how those support payments will be made.

Support payments may be made to the payee. Some courts require that support be paid through the SCDU, whether made through a state-run system, commonly referred to as the State Collection and Disbursement Unit (SCDU), or directly from the payor check, electronic transfer, or wage garnishment. Other courts do not mandate a specific payment method and allow the parties to decide how payments will be handled.

Understanding the pros and cons of paying support through the state can help parties make informed decisions and avoid unnecessary disputes, enforcement issues, and additional legal fees down the road.

PROS

1. A huge benefit of paying or receiving support through the state is the creation of a reliable and detailed payment record. The state’s payment record reflects all payments made by the payor, all funds received by the payee, the date each payment was made and received, and whether the payor has a credit or is in arrears. This payment record can be extremely useful in the event a dispute arises regarding arrears or credits, enforcement of the support order, or if either party files to modify support. It can also help prevent false or mistaken claims by either party concerning whether payments were made or received.
2. If the payor fails to make required support payments, the state already has enforcement mechanisms in place. These may include wage garnishment (if not already in effect), interception of tax refunds, or other remedies. State involvement can make enforcement more efficient and may reduce the need for repeated court filings.

CONS

1. Payment Delays. Because support payments made through the SCDU must first be processed by the state before being distributed, it is common for delays to occur. Unlike direct payments, where the payee can receive funds immediately, it can take several days for payments made through the SCDU to be processed and released to the payee. Delays can also occur when a new support order is entered. It can take time for the state to process the new support amount, adjust wage garnishment amounts, and/or correctly reflect the support obligation in the payment history.
2. Limited Flexibility. The state strictly enforces the existing support order and will not deviate from it without a new court order. When payments are made directly, parties have more flexibility to agree to make short-term adjustments. For example, if the payee owes the payor reimbursement for their share of a child’s extracurricular expenses for a particular month, the parties might agree to temporarily reduce the support payment for that month.

There is no universally right or wrong method for paying support. The appropriate method depends on the parties involved, their preferences, and most importantly, the requirements of the court. Contact a member of Obermayer’s family law team to ensure your support arrangements are structured for long-term stability.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.