What if My Ex-spouse or Partner Refuses to Pay for Child Support?

After a divorce, the custodial parent may find it hard to depend on a single source of income. Child support can help a custodial parent with costs associated with education, health, housing and extracurricular activities. If you rely on child support, it can be financially devastating when your child’s other parent stops paying child support.

Fortunately, there are numerous options you can explore to restore support and receive the financial assistance your child needs. At WertheimerLipton, we have experience handling child support cases, and can help you when your ex-spouse or partner refuses to pay child support. 

How to Enforce a Child Support Order

Parents who fail to pay child support risk accumulating arrearages, which may force the court to intervene. The Child Support Enforcement Act of 1984 mandates state or district attorneys to enforce orders to collect child support from non-paying parents.

A judge may then summon the non-custodial parent. In addition, a child support court order can be enforced by the local child support office. For parents defaulting on child support, the court may compel them to honor their obligation by:

• Intercepting the parent’s federal tax refund
• Compelling the employer to make deductions
• Revoking driver’s license
• Seizing property 

If the defaulting parent fails to honor court summons, the court may issue arrest orders and even issue a jail term. In many cases, the judge explores several alternatives to avoid jail terms as both parents need to earn to look after the children.

Parents across the 50 states can establish, modify, and enforce child support orders across state lines according to the Uniform Interstate Family Support Act (UIFSA) guidelines. The Act makes it hard for non-custodial parents to abscond their child support obligations. All states have adopted the Act, meaning the order can be enforced regardless of where it was issued.

Can Child Support Payments be Adjusted?

Although most child support arrangements are set over a long period, they can be adjusted to accommodate new conditions. This is possible through the child support modification process, which is guided by the court. Events that may lead to changes in the child support arrangements include;

• Loss of employment
• Change in location
• Pay cut at work
• Health challenges

The court usually has the final say regarding any child support modification request, and the decision is based on presented evidence.

Speak to an Experienced Child Support Attorney Today

All parents are expected to provide financial support to their children. If your ex-spouse or partner is failing to uphold their responsibility for supporting your child, we are here to help. Please contact us today to schedule an appointment with our team today.