Are you struggling because your ex-spouse is not paying child support? Child support payments go toward your child’s basic needs, which help them grow, thrive, and live in a healthy home environment.
Many families have a child support order in place, outlining the requirements on what one parent owes and how often they have to pay. This document can clear up any confusion as to the child support agreement so that your child’s needs are always met.
What happens when your spouse will not pay child support, though? Below, we will take a look at a few scenarios to help you figure out if your child’s spouse is in the clear or if you should consult a child support lawyer.
My Ex-Spouse Is Not Paying Child Support
We understand that it can be stressful and frustrating not to receive the child support you need. Not receiving child support on time leads to stress over whether you will be able to pay for housing, utilities, and other bills, cover your children’s living expenses, and sometimes put food on the table. Parents are obligated to support their children. If you need help collecting child support, you don’t have to go it alone.
If this is your situation right now, there are a few things to keep in mind.
How a Child Support Lawyer Can Help
Child support lawyers can make a huge difference when it comes to obtaining child support. We can help you take your ex to court, petition to modify a child support order, and guide you on what supporting evidence to gather for your case. Ultimately, we will show you what to do when your ex refuses to pay child support.
The most important thing is to put your children into a healthful environment and a position to succeed. Child support payments are intended to help with these goals. Our lawyers will work rigorously to help you get the money you are owed, no matter the circumstances.
When an Ex-Spouse May Not Be Required to Pay Child Support
Before you begin an action to collect child support, you need to first determine what your ex-spouse’s obligation. There are a few situations when a former spouse might not have to pay child support. Not having a child support order is a big one. There should always be a child support order in place that explains the total obligations. Without one, there is no way to prove that your ex owes anything.
A child support order calculates the total amount owed after combining the parents’ income. Most states have guidelines and financial worksheets parents are required to complete in order to determine how much each parent should contribute. The court uses this calculation to determine what the non-custodial parent should have to pay and what is considered reasonable. If you have a child support order in place, the court will enforce it. Otherwise, there is nothing saying that the other parent owes anything (even if there is an oral agreement).
Also, if your ex recently lost his job and is having trouble securing new employment, he might not be required to pay child support. An important thing to consider is that he must have no control over the job loss or drop in pay, and he is actively seeking new work. Your ex-spouse should petition for a modification of the child support order based on this change in life circumstances to avoid the child support payment.
Is Your Ex Avoiding Work?
If your ex is going out of his way to avoid work or sabotaging his employment, that will not remove their child support obligations. It does not matter if he loses his job as a result of his reckless behavior. The court will see this as an attempt to avoid paying child support, and you can take action accordingly.
Another reason why a former partner might not owe child support is if your child now lives with him. Perhaps you and your ex-spouse decided the child would be better off living with the other parent full-time if you lost a job yourself, and you are having difficulties getting back on your feet.
The court might not mandate your ex to pay if the child is in his care the majority of the time. A child support order modification request should be submitted in these circumstances to document the change.
Consequences of Your Ex-Spouse Not Paying Child Support
Not fulfilling child support obligations can come with various consequences. Your ex-spouse could face fines, wage garnishment, and jail time–to name a few. Ultimately, they will still have to pay–possibly with interest–until they are caught up.
The court will make sure that happens, even if your spouse must sell assets and give you the proceeds to do so. Keep in mind that being behind on child support for just a month or two might not be a reason to get the court involved. Consistently staying behind without communication or attempts to get caught up is one reason to have a good lawyer on your side.
It takes a lot to make child support obligations go away. There must be a massive change in life circumstances for a judge to dismiss the child support payments, even if one parent is behind. The best thing to do is stay in touch with your co-parent and an attorney in case the other parent is making no progress.
Contact an Attorney Today for Help to Collect Child Support
When your ex-spouse is not paying child support, it affects your children’s future. Contact a child support lawyer today to discuss your options.