In the ideal world, non-custodial parents would be up-to-date on their child support payments, but unfortunately, that's not the reality for many single, custodial parents. If your ex is behind on child support payments, here's how a family law attorney can help you.
Be Proactive In Your Child Support Agreement
Whether your ex likes it or not, they have a financial responsibility to provide for their child. If you know that your ex will give you issues when it comes to staying up-to-date on child support, you should talk with your attorney about how to address this in the child support agreement.
Adding a clause about what can happen should support fall behind is a great way to get you and your ex on the same page. If you're required to take action against them, such as pursuing wage garnishment, they cannot claim to be surprised.
Inform Your Ex of the Seriousness of the Issue
Your ex may not seem too concerned with supporting their child financially, but you may be able to let them know just how serious their failure to pay is.
With the help of your attorney, you can bring the issue of non-payment in front a judge. The judge can require that they meet with the district attorney, and failure to do so can result in jail time. The district attorney can then better inform your ex of the consequences of their failure to pay, including loss of property, loss of driving or professional licenses, and jail time. As long as your ex doesn't have a good reason to miss on making their payments (chronic illness, disability, unemployment not due to their own fault), the order will be enforced.
Petition the Court to Intercept IRS Refunds
If your ex is in arrears, your attorney may be able to petition the court on your behalf so that your ex's refund can be intercepted.
Even if your ex's refund isn't enough to cover the amount they have in arrears, it's a good place to start. Seizure of refunds will be continued every year until all arrears have been paid. Even if your ex's refund has been intercepted and sent to you instead, you can still continue to go after your ex for arrears payments with some of the means listed above if the refund didn't cover the whole arrears amount.
Your family law attorney can be an invaluable help to you during your divorce or separation and after. If your ex is falling behind on their child support payments, you have rights. Contact a local attorney, like Karp Law Offices, immediately to learn more about how they can help you.Share
30 May 2015
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