Child support is a notoriously common dispute between separated parents, and more often than not, the typical argument stems from the noncustodial parent refusing to make payments.
If you are a custodial parent, you know how important child support can be. It helps support the costs of your children’s education, food, clothing and so much more. So, what do you do when your ex outright refuses to make payments?
Document everything
Have their refusal to pay child support in writing, such as a text message or email. Better yet, keep copies of all communications regarding child support.
Then, save your bank statements if child support payments go through via bank transfer or check. This will serve as proof of lack of payment. If you use a child support agency to process payments, request records of missed payments.
Contact your local child support office
If nonpayment goes on for too long, consider opening a Title IV-D case with your local county child support office. Title IV-D is the legal framework for child support enforcement programs in the country. Bring your relevant court orders, payment records and other information about the other parent.
Once you have a case for child support enforcement, the county prosecutor’s office will determine the next best step to enforce payment. This may include garnishing the other parent’s paycheck, placing liens on their property or filing a petition in court.
Take legal action
Consistent nonpayment, a significant amount of arrears and a negative impact on your child’s well-being are enough reasons to consider taking your ex to court. If you choose to do so, the case could potentially become contempt of court because they are willfully and persistently refusing to pay despite court orders.
Unfortunately, legal proceedings may be the best solution to collect unpaid child support if all amicable attempts have failed. The good news is that having experienced legal help can make the process easier. With a child support attorney by your side, you can ensure someone is holding your and your child’s best interests at heart.
