When there are children involved in a divorce between a couple, it is likely that a child support agreement has been made on behalf of the children. There are different ways that a divorce order will be written up, but if child support has been ordered to your former spouse, and they refuse to pay it, you have options. There are ways that you can legally go about enforcing this child support order so that your child, or children, are receiving the appropriate financial backing for their needs after a divorce. A child support lawyer can also be there to assist you if your attempts to cordially enforce the support order are not working.
Attempt Communication With Your Ex
The very first step you would want to consider, if your former spouse is not following through with a child support order, is to attempt to communicate with them. Trying getting ahold of them and explaining what payment arrangements have been made and what is owed. This might be the most simple way to try to get them to pay it, but this might not always work. Divorce is not easy and whatever your circumstance is, try to communicate your best and move on to other steps if necessary.
Filing a Contempt Complaint
If attempting communication with your spouse does not prove helpful, then you can take more serious legal action to hopefully get the job done. A contempt complaint is a motion filed with the court to hold your former spouse in contempt with the court because they have not fulfilled the child support order. This is usually done with the help of a family law attorney but can start yielding results as your former spouse could be required to pay any outstanding support that is owed, along with any additional penalties. This motion could also include loss of visitation or custody rights or even jail time.
Petition to Withhold Income
Along with filing a contempt complaint, you also have the legal ability to petition the court to withhold your former spouse’s income. There is a chance that a percentage of your ex’s income could be transferred to you in lieu of them paying the actual child support amount to your child or children. This can be a beneficial option if your former spouse is employed and you will be able to get that child support money for your child every time, they receive a paycheck.
Mandatory Financial Assistance
Having the child support being paid should not be a battle. But if it is, try going through these steps to see if they give you any effective results with your former spouse. As a parent, you are required to provide this mandatory financial assistance to your children – and that is every couple’s responsibility. When your former spouse refuses to pay child support, you have the legal rights to pursue action against your ex. If you still need assistance in making sure your child support order is being fulfilled, make sure to contact Affordable Family Law for any of your family law legal needs.
In conclusion, when faced with a situation where your former spouse refuses to pay child support, it is essential to take action to protect your child’s well-being. While it can be a challenging and frustrating experience, there are steps you can take to address the issue. First and foremost, it is crucial to document everything. Keep a record of all missed or late payments, as well as any communication or agreements related to child support. These records will serve as valuable evidence should legal action become necessary. Open and respectful communication with your former spouse is essential. Express the importance of child support for your child’s welfare and try to find common ground. Explore the possibility of reaching a new agreement or modifying the existing one to make it more manageable for both parties.
If direct communication fails, consider seeking mediation. Mediation involves a neutral third party who can help facilitate a discussion between you and your former spouse. It provides a structured environment to find a resolution without resorting to court proceedings.
It may also be wise to consult with an attorney specializing in family law. They can provide expert advice, guide you through the legal process, and represent your interests in court if necessary. An attorney can help you understand your rights and options and work towards a resolution that ensures your child’s needs are met. Remember to prioritize the best interests of your child throughout this process. Child support is essential for their well-being, and taking appropriate action to secure it is crucial. By documenting, communicating, seeking mediation, and consulting with an attorney, you can navigate this difficult situation and strive for a fair and just resolution.