Raising children is a major undertaking that requires the support, emotional
and financial, of both parents. If you are the custodial parent, it is
your co-parent’s obligation to make regular child support payments
and it is an issue that family courts take seriously. If your former spouse
is falling behind on these payments or refuses to pay, you must act now
to enforce the court order, so you can receive the support you need to
raise your children.
First, you might want to find out why your ex-spouse is failing to comply
with the child support order. In cases where a parent loses a job or is
otherwise temporarily unable to fulfill this obligation, the court might
temporarily reduce or suspend these payments. However, if he or she has
no logical reason for ignoring the court order, seek the assistance of
an attorney and take legal action.
Asking the Court to Enforce the Child Support Order
There are numerous ways in which the court might compel your former spouse
to comply with the child support order.
Below is a list of some of the ways in which a family court might collect
child support from your former spouse:
- Much like an income withholding order, you can ask the court to garnish
your spouse’s wages. The difference between the two is that an income
withholding order will ensure you receive past due payments while wage
garnishment is only available for future child support payments.
- You can request the court to order your former spouse to liquify his or
her assets to pay overdue child support.
- If your former spouse is expecting a tax refund, the state can intercept
it to cover overdue child support payments.
- If your former spouse has money in real property, the court can put a lien
on the property, which will prevent the property from being sold until
your ex repays the debt. If your former spouse has a rental property,
the proceeds from it can be paid directly to you.
- Lastly, in severe cases, it is possible for the court to order jail time
for a spouse who owes a substantial amount of child support.
As you can see, there are numerous methods the court can use to ensure
you receive the child support your family needs, so do not hesitate to
seek experienced legal guidance.
Schedule a Consultation with Our Skilled Family Law Team!
If your former spouse is behind on
child support payments, there are steps you can take to ensure you receive the money
you need to care for your children. However, you will need the knowledgeable
guidance of a skilled legal advocate. At the Law Office of Kathryn Marteeny,
our team will help you navigate the process of pursuing overdue child
support payments to relieve the financial strain you are likely experiencing.
Backed by more than three decades of experience, you can rely on us to
provide high-quality legal assistance.
Contact our law office today at (713) 936-2300 to schedule a consultation with
a trusted member of our family law team.