The parent who must pay child support cannot ignore that fact if an order has been made. A child support order can be upheld by doing a few specific actions. It would help if you asked your attorney to submit one of the following motions:
- The parent who hasn’t paid will be compelled via a Motion to Show Cause to appear in court and justify his failure to make the appropriate child support payments to the judge. He must make a case for not being held in contempt of court.
- A Motion for an Income Deduction Order asks to deduct child support payments from a parent’s wages while at work. However, it is the responsibility of the employer of the non-custodial parent to deduct the funds from your ex-salary husband’s and ensure that you receive them. It is still the non-custodial parent’s responsibility to see that you are paid, even if the employer, for some reason, forgets to withhold the money for one week.
By filing a Motion and Notice for Judgment for Arrearages, you can ask the court to determine how much money the non-custodial parent owes you and file a judgment against him.
- Fines and jail time may be imposed for failure to pay child support.
What Is Child Support?
When we talk about child support, it is money one parent pays the other, typically the parent who takes primary custody of the children to support them financially.
Many parents who receive child support payments severely rely on those funds to meet their children’s daily needs. Therefore, if the payer quits paying, it may cause a lot of financial and emotional hardship.
Please get in touch with your ex-partner to kindly inquire whether there is a problem and if it is safe for you to do so. Sometimes errors or something in your ex’s life result in a glitch.
However, it can be more than a mere error, mistake, or mishap; your ex might be advocating for a change in or abolition of child support payments.
- Contact Child Support – Services Australia if you have an administrative assessment.
You have choices for enforcing a Child Support Agreement if one is in place, but you will often have to take the necessary actions.
- As an additional option for obtaining child support from the other party, parties may ask the court to issue a child support departure order.
What Are My Options If My Ex Does Not Pay Child Support?
Any lawsuit involving a child whose parents are not married or in a relationship must consider child support. And also, the parent who cares for the child most of the time will frequently be awarded child support, which they can use to assist pay for some of the expenditures related to raising a child.
A parent may be ordered to pay child support by the courts or the Illinois Department of Children and Family Services (DCFS), but this does not always guarantee that the parent will comply.
A parent who depends on receiving child support may find it irritating, and a parent who refuses to pay may face serious consequences.
You can take steps if your ex fails to provide the necessary child support.
Steps You Can Take For That
Child support orders are court orders; therefore, your ex is required by law to comply with the order or risk facing repercussions. This also implies that you have the right to file a lawsuit against your spouse for failing to make support payments.
While you can pursue legal action against your ex by dealing directly with the Division of Child Support Services (DCSS), doing so is faster and may yield greater results if you engage with a lawyer.
A child support enforcement lawyer can work with DCSS to prosecute your ex-spouse on your behalf. Your lawyer can ask the judge for several remedies, depending on the course you want to take, including:
Establishing a repayment timetable to pay back the debt
Sending your ex to prison for a certain amount of time
Place a payment order for all upcoming child support payments.
What To Do When Your Ex doesn’t Pay Child Support
Make Sure You Have A Child Support Order
Getting a judge to sign an order requiring payment to the custodial parent is the first step in getting your ex to pay support. A requirement doesn’t exist until there is an order.
You are only asking for your ex’s forgiveness without having to make a payment. It’s also not a healthy way to live. Got a request? Good. Reread the child support orders to confirm that alimony or child support was truly issued and that any arrears are current.
It’s time to gather proof to support your claim if you assume that payment is passed late and that your ex disobeys a court order.
Gather Records That Prove Non-Payment.
You should now gather evidence that your ex is not making payments. Since your ex should be paying by check or money order, bank transfer, income withholding order, or by depositing funds with the State of Florida, doing this is typically simple.
You should access your bank’s online records to verify that the child support payment has not yet been transferred into your account if your ex pays by check or money order.
Pulling bank records from the relevant time frame will allow you to achieve this. Most banks identify their deposits at the top of each monthly statement, and a quick check of the records shows no payment was made.
Pull canceled checks, if necessary, without hesitation. Remember, getting your ex to pay child support now and, hopefully, in the future should be your main focus. Make sure you have everything the lawyer requires before you meet with a lawyer.
Ask the court for the child support enforcement order or hold your Ex in contempt of court.
It is time to request that the court compel your ex to pay child support and maybe punish them in contempt of court. A family law attorney is frequently used for this.
To re-open a closed case, you must submit a pleading to the court clerk, regardless of whether you do it on your own or with legal counsel.
Technically speaking, you can submit these demands via a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both situations, you request that the court take action to address the issue.
The most elegant solution is a Motion for Enforcement. Your remedy is simple: you want your ex to abide by the court’s orders and the issue to be resolved. You are stepping it up in a Motion for Contempt. In addition to demanding compliance, you request that the court declare your ex in contempt.
Contempt is used to force compliance with a court order or to make up for your ex’s failure to follow the terms of the agreement.
If your ex does not pay the necessary amount, you might even ask the court to prison them.
Similar in concept, but with the court as the requester as opposed to you, is an Order to Show Cause.
You request the court to issue an Order to Show Cause, and the court then approves the order, directing your ex to appear in court and “Show Cause” as to why they are disobeying the court.
Once a motion has been submitted, you must deliver it to your ex. This can be accomplished through the usual process serving method with a process server, but it is not required.
When the judge is available, you will phone them to set up a time to submit your case to them.
You present the judge with supporting evidence during the hearing. In addition to providing legal counsel, your attorney has the power to confront your ex under cross-examination about the non-payment of alimony or child support.
If all goes according to plan, the judge should order your spouse to obey. The judge will frequently mandate that the former spouse pay X amount of money within Y period. If payment is not made by a specified date, the judge may order that a warrant be issued for your ex’s arrest to make his point more forcefully.
Additionally, if you had to engage a lawyer to resolve the issue, the judge could compel your ex to pay you a fine and your legal expenses.
Sometimes an ex-partner learns from their mistakes, and the issue is never repeated. But occasionally, it is obvious that this will remain a problem. Here are a few solutions to the issue so it doesn’t arise again.
Sometimes a jobless parent is unable to make child support payments. If you are the parent with custody, keep in mind that you are not at fault, and you shouldn’t feel guilty about still needing money to support your child.
The unemployed non-custodial parent’s responsibility is to speak with the court directly to present his case and request a change in the support order.
The non-custodial parent is nevertheless obligated by law to fulfill his child support obligation even if he chooses not to disclose his employment condition to the judge.