Raising a kid involves paying child support, but what happens if your ex-partner declines to make those payments? Although this can be unpleasant and stressful, you can ensure your child gets the financial support they have the right to. The following information will help you if your previous spouse refuses to pay child support. If you are in such a situation, you should consider contact a Birmingham contested divorce attorney.
What should you do if your ex-spouse refuses to pay the child support?
- Ensure that you have a child support order.
If you want your ex to pay support, you must first have a judge sign an order requiring the custodial parent to be compensated.
You only have a requirement once you receive an order. You only ask for your ex’s forgiveness if no payment is needed. It is not a way to live, either. Revisit the child support orders to ensure that the amounts implemented are for child support or alimony and that any unpaid amounts are past due.
If you suspect your ex violates a court order since the payment is past late, now is the time to gather proof to back up your claim.
- Submit a motion for contempt.
You can ask the court for contempt if your ex refuses to pay. Your ex could end up in contempt of court and face fines or possibly jail time due to this legal action. A family law attorney must represent you to ensure your rights are honored during this process.
- Collect Evidence That Indicates Non-Payment.
You can now gather proof that the previous spouse has stopped making payments. This is often simple because your ex should be depositing money, transferring money to a bank account, paying with a cheque or money order, or all of the above.
If your former partner pays you with a check or money order, you should go online and retrieve papers from your bank indicating that the child support payments have not yet been placed into your account.
- Think about a child support lien.
You may be able to put a child support lien on your ex’s assets if they have a house or vehicle. This could prevent them from moving or selling the property until the unpaid child support amount is paid.
- Request an Order for Income Withholding.
Take out your ex as the intermediary and get the money from his job through an income withhold order if he fails to pay his alimony or child support.
An authorized way to request that an employer automatically remove a particular monthly sum from your ex’s paycheck before it goes out is using an income withholding order.