What Should You Do If Your Ex Doesn’t Pay Child Support?
Right after a divorce, some parents find that their ex is less-than-willing to pay the child support that they are legally obligated to provide.
By being aware of the options available to parents in this situation, it’s easy to ensure that a parent can obtain the child support payments they are legally entitled to.
What Is Child Support?
Child support is a sum of money that a noncustodial parent is ordered to pay to a custodial parent. Right after a divorce concludes, it is common for one parent to be ordered to pay child support on a monthly basis.
A failure to pay child support can lead to consequences and penalties. Some of these consequences and penalties are as follows:
- The non-paying parent’s driver’s license being suspended.
- The non-paying parent’s bank accounts being seized.
- The non-paying parent’s tax refund being seized.
- The non-paying parent’s vehicle registration being suspended.
- The non-paying parent’s credit score being lowered.
Each one of these consequences and penalties can be invoked, if a parent doesn’t pay child support. But, the problem is that even with the threat of these consequences and penalties, it isn’t always easy for some custodial parents to obtain the child support that they are entitled to, from their ex.
What Should You Do If Your Ex Doesn’t Pay Child Support?
A wide variety of actions are available to a custodial parent whose ex does not pay child support. Each one of these actions is useful in its own way, although some may be more effective than others.
Some of the actions that a custodial parent can take, when their ex does not pay child support, are as follows:
- Make several attempts to communicate with their ex, regarding the missed child support payments.
- File proceedings for contempt of court, as a failure to pay child support is an act of contempt.
- Petition the court to withhold their ex’s income, until they receive the child support they are entitled to.
- Petition for the imprisonment of their ex, due to their failure to pay child support.
- File for a judgment, regarding the payments, plus interest on these missed payments.
- File for a Writ of Execution.
Every single one of these actions is useful in its own way. But, some of these actions are more useful than others, as they make it far more likely that the ex will pay the child support that they owe.
What Is The Best Way To Receive Child Support From An Ex Who Doesn’t Pay Child Support?
The answer to this question is multi-faceted and, as such, consists of several answers. These answers are as follows:
- Communicate with the ex and understand why the child support hasn’t been paid and, then, come to an agreement that allows those payments to be taken care of in a timely manner.
- If fifteen-days, or more, have passed, go to the Clerk’s Office and ask for their assistance in ensuring that the child support payments are enforced.
- Go to the court and file for a Writ of Execution, which will allow the child support payments to be obtained from the ex who hasn’t paid.
Each one of these options ensures that the payments will be received, in some form or another, while also ensuring that incarceration is unlikely.
Speak With A Tampa Child Support Lawyer
Receiving child support from an ex who either doesn’t want to pay or can’t pay is challenging. But, with that being said, it is possible and, by speaking with a Tampa child support lawyer at Westchase Law, P.A., we can assist you in doing so today.
Sources:
law.cornell.edu/wex/child_support
congress.gov/bill/98th-congress/house-bill/4325
flclerks.com/page/HDI_Child_Support
