Ex Not Paying Child Support? Here Are Some Solutions
If your ex has stopped paying child support, you’re not alone. In fact, it’s a problem that many single parents face. Children require a lot of care and financial support is invaluable.
Fortunately, there are a few things you can do to try to get the support you and your child deserve.
Ensure You Have a Child Support Order In Place
If you don’t have a child support order in place, your first step should be to get one. You can do this by working with a family law attorney or by going through your state’s child support enforcement agency.
Once you have an order in place, it will be much easier to enforce. And, if your ex does eventually start paying, it will be easier to keep track of and ensure that the payments are made on time.
Gather Evidence of Non-Payment
If you have a child support order in place and your ex is not paying, you will need to start gathering evidence. This can includes demonstrating that payment is not going through via your ex’s payment method: bank account transfer, check or money order.
You can go online and pull records from your bank showing payment has not been deposited. You can also request copies of canceled checks or money orders.
If you are dealing with cash payments, try to get a receipt each time your ex hands over cash. If possible, get a witness to corroborate that the exchange took place and that your ex did not pay the full amount.
Request a Child Support Enforcement Order from the Court, or Hold Your Ex in Contempt
If you can prove that your ex is not paying child support, you may be able to take him or her back to court. You can request that the court enforce the child support order or hold your ex in contempt of court.
If the court finds that your ex is not paying child support, it can order a number of different penalties, including:
- Wage garnishment
- Suspension of driver’s license or professional license
- Passport revocation
- Interception of tax refunds
- Seizure of property
- Jail time
Yourself and an attorney can make requests with a Motion for Enforcement, a Motion for Contempt or a Motion for Order to Show Cause.
If you’re not able to afford an attorney, you may be able to get help from your local child support enforcement office or legal aid organization.
Motion for Enforcement
A Motion for Enforcement is a request to the court to make your ex pay child support payments. The motion can also ask the court to enforce other aspects of the child support order, such as medical support.
Motion for Contempt
A Motion for Contempt is, along with requiring payment for child support, a request to the court to find that your ex has disobeyed a court order. If the court finds your ex in contempt, he or she may be fined or jailed.
The purpose of Motion for Contempt is to give an incentive for the other parent to start following the court order.
Order to Show Cause
An Order to Show Cause is a court order that requires the other parent to explain why he or she should not be held in contempt of court.
The court may issue an Order to Show Cause if the other parent has not been paying child support or if he or she has been violating other parts of the court order.
If the other parent does not show up for the hearing, the court may issue a warrant for his or her arrest.
If the other parent does not pay child support after being found in contempt, the court may garnish his or her wages or put a lien on his or her property.
The court may also order the other parent to pay the child support that is owed, plus interest and court costs.
If the other parent is still not paying child support, the court may order him or her to be jailed.
Request an Income Withholding Order
If the other parent is not paying child support, you can request an income withholding order from the court.
An income withholding order is an order that requires the other parent’s employer to withhold a certain amount of money from his or her paycheck and send it to the court.
The court will then send the money to you.
You can also request that the other parent’s taxes be withheld to pay for child support.
Possible Defenses Your Ex May Have
There are cases where your ex may have a valid reason for not paying child support.
For example, if your ex has lost his or her job, he or she may not have the ability to pay.
Your ex may also argue that the amount of child support ordered is too high.
If you believe that your ex has a valid reason for not paying, you can ask the court to modify the child support order.
Why It’s Best to Hire a Family Law Attorney
If you are having trouble getting the other parent to pay child support, it is best to hire a family law attorney.
An attorney can help you file the proper paperwork and represent you in court, if necessary.
An attorney can also help you collect back child support that is owed to you.
It’s always best to have an attorney on your side when dealing with child support issues.