It doesn’t matter if a couple is married or not, they both have a responsibility to support their child. This includes giving enough money to satisfy the basic needs of their child, such as food, clothing, shelter, and medical treatment. Even if a couple decides to divorce, the spousal obligation remains in place. Legal precedent establishes that a child support order is an integral part of every divorce settlement.
The parties’ ability to reach a divorce settlement agreement is not indicative of their willingness to abide by the terms of that settlement. There are various situations in which one parent does not pay child support, leaving the other to raise the child without adequate financial support. As the caretaker parent, what can you do? The family court can assist you if your ex-spouse or the other parent is not paying the child support they are legally obligated to pay.
In the event that efforts to mediate a dispute outside of court are unsuccessful, you may consult with a family law attorney about the various legal options.
The Enforcement of Child Support Obligations
Because of the Child Support Enforcement Act of 1984, local prosecutors can assist you in collecting child support from a non-compliant ex-spouse or parent. As a standard practice, the district attorney will have the defendant meet with him or her to discuss a payment plan. It is common for these documents to threaten legal action against the recipient if they disobey a court order. The fact that this is the last option is due in part to the fact that it can have unintended negative consequences.
The district attorney may also impose the following measures to recoup monies:
- Garnishment of wages
- Invade and seize the property
- To pay child support, withhold federal tax refunds.
- The driver’s license of the late payer should be revoked.
- Put a company’s license on hold
To what extent do the laws of our country allow me to sue my ex for not paying child support?
You should gather as much evidence as possible to prove the other party’s income if you believe he or she would battle you in court or attempt to understate his or her wages. Documentation of sales and income, such as bank statements, tax returns, and pay stubs. In addition, collect proof of any trips, costly purchases, and objects which reflect the other party’s ability to afford child support.
