Collecting Child Support - Options For EnforcementIn an ideal world, collecting child support would be a hassle-free process. However, in the real world, child support enforcement is often needed. It's a good idea to register with the state child support enforcement agency at the time of your divorce. Wage assignments are also an effective method of collecting current and delinquent child support Now to answer some common questions about making sure you receive your child support payments:
How can I make sure that he pays support every month? Lupita's Question: I have had to file three show/cause because my ex doesn't pay support. What can I do to make him pay up on time and avoid this torture every month? Brette's Answer: Failure to comply is a violation of a court order. You go back to court and ask the judge to enforce the order. You should ask that child support be paid through your state enforcement agency - if there is a problem with payment, they handle that. »Return to top How can I have support payments taken out of his check? Louise's Question: My soon-to-be ex has been court ordered to pay $125.00 per week for our son, but only pays what he chooses. How do I get DHS to take the support out of his check? Brette's Answer: The court has to order that the payments be garnished. You can ask for this. What if he never started paying support like ordered? Levetta's Question: It has been a year since I got divorced. Child support was supposed to start 2 months after the divorce, but I haven't received anything. It been a year, and I don't know who to contact about this. What should I do to get the payments started. Brette's Answer: It depends on how the payments were to be made. If they were going to come directly from him to you, then you need to go back to the court that created the order and file papers for a violation or for enforcement of the order. If payments were to be made to your state child support collection agency and the agency was to pay you, you need to talk to the agency. What can I do if he stops paying support? Tami's Question: My ex started his own business a year and a half ago, and has since stopped paying child support on a regular basis. He has only had insurance (court ordered) on the kids for a total of about 6 months and currently, they do not have insurance. Is there anything I can do? Brette's Answer: What you need to do is work on enforcement. You can file an petition for a violation in your state court that handles child support. You should consider having your state child support enforcement agency handle collecting child support and future enforcement. »Return to top Will he get in trouble for not paying child support if I don't enforce it? Emily's Question: If my Ex husband does not pay child support and I do not go to court to enforce it, will he still get in trouble or can we work it out between ourselves? Brette's Answer: You can always withdraw your complaint. However if the state child support agency is involved it is another story. Will the state help in collecting child support? Mary Ann's Question: My ex husband owes me back child support. My mother in law has pasted away and left him her house. Will the state step in and make him pay the money he owes the children now that he has some resources? Brette's Answer: If child support is being collected through the state enforcement agency, they will handle it. If not, you need to file enforcement proceedings to get started collecting child support. »Return to top Can I enforce support orders myself if the state isn't doing it? Nancy's Question: My husband and I have been separated for almost 3 years and he's court ordered to pay child support. He pays what and when he chooses and the State refuse to help in collecting child support. Is there a way I can get this to court myself? Brette's Answer: File papers for violation or enforcement of child support. Get forms from your local family court or on their web site. Will an informal support agreement be enforced by the court? Allison's Question: I was divorced in California 4 years ago. When that order was filed it stated that support and visitation would be agreed upon between me and my ex. I got him to sign a document stating he would pay a certain amount a month and visitation would be this and that. This document was notarized. He's now behind in payments...will this hold up in court? Brette's Answer: An agreement made outside of court is not enforceable in court at all. If you wanted child support in an enforceable way, you needed a court order. Can he stop paying support because he moved to another state? Heather's Question: In our original court papers, my ex got visitation every Wednesday and every other weekend. He has now moved to another state to be with his girlfriend and has stopped paying the court ordered support. What should I do and how can I go about collecting child support again? Brette's Answer: As far as the child support goes, he has to pay you that whether he exercises his visitation or not, so I would recommend you talk to an attorney about the arrears and getting him to start paying. Good luck! »Return to top Can I stop visitation if he doesn't pay his child support? Laura's Question: My son is eight years old, and his father has only paid support a total of 6 times in the six years since we split. After I learned that there is an active warrant for his arrest, I stopped visitation. He now claims to be filing contempt of court on me. Am I in the wrong? Brette's Answer: Visitation and child support are two separate issues. If he isn't paying, file papers with the court for enforcement/violation. You cannot withhold visitation because he hasn't paid. Withholding visitation is custodial interference. If there is an arrest warrant out, you can arrange to have him arrested at the court appearance. Return to top of Collecting Child Support Copyright WomansDivorce.com. All rights reserved.
Related Articles: Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce
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