Financial support of a child is the responsibility of both parents, whether
married or divorced. If the parents are divorced though, the Judge will
have entered an order regarding the amount of support due and from whom.
When a Judge enters an order it is expected to be followed. Unfortunately
that is not always the case and one party or another has a need to seek
enforcement. Enforcing child support orders helps ensure your kids are
cared for and have the things they need, which is why your choice of family
law attorney is significant.
The duty to provide support does not terminate if a parent moves out of
state, or has a change in employment. The amount might change, but only
if a request for a modification is made. Therefore, if your ex is not
living up to the terms of a Court order for
child support you can and should seek enforcement. To make your ex resume payment you
have to file a motion in your divorce case. The motion is referred to
a motion for contempt, because failing to comply with Court orders is
considered contempt of Court. A skilled family law attorney can help you
by filing the motion, gathering the evidence, and attending the hearing
to argue your case. The facts establishing the failure to pay must be
presented. These steps should be taken after the Child Support Enforcement
Section is unsuccessful at collecting the child support you are owed.
Possible remedies include garnishment of wages, loss of certain licenses,
and negative credit reporting. These consequences, along with the possibility
of being found in contempt of Court usually cause your ex to start paying the
support. If not and there is a change in circumstances such as a drop in income,
this must be presented to the Court for consideration.
For more information on enforcement of child support, call an experienced
family law attorney for answers to your questions. We can be reached online at
Call today to schedule an appointment.