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After receiving child support consecutively, it can be concerning when your ex-spouse all abruptly stops making payments. There are many reasons why a parent may stop fulfilling their child support obligations. For example, the parent lost their job, has health issues impacting their finances, or they are just flat out refusing to pay the support. The Law Offices of Michael D. Iverson is here to assist families that are struggling with child support matters.
What to Do When a Parent Stops Paying Child Support
When a parent stops paying child support, it can create significant financial stress and disrupt the well-being of the child involved. Fortunately, there are legal avenues you can pursue to address this issue and ensure the financial needs of the child are met. Here’s a guide on the steps you can take when faced with unpaid child support obligations.
1. Contact the Local Child Support Enforcement Agency
The first step is to reach out to your local child support enforcement agency. These agencies have the authority and resources to pursue child support payments on your behalf. They can help track down the non-paying parent, enforce payment through various means, and provide guidance on the steps you should take.
2. File a Motion for Contempt in Court
If reaching out to the child support agency does not resolve the issue, you may need to file a motion for contempt in court. This legal action involves asking the court to enforce the child support order and hold the non-paying parent in contempt for failing to comply. The judge may order the parent to pay the overdue amount and could impose additional penalties such as fines or even jail time if they continue to refuse payment.
3. Seek Wage Garnishment
Another effective measure is to request wage garnishment. This involves obtaining a court order that directs the non-paying parent’s employer to withhold child support payments directly from their paycheck. Wage garnishment ensures regular payments are made and reduces the likelihood of future missed payments.
4. Keep Detailed Records
Throughout this process, it is crucial to maintain detailed records of all missed payments and any communication attempts with the non-paying parent. This documentation can serve as valuable evidence in court and help strengthen your case when seeking enforcement actions.
5. Understand the Consequences for Non-Payment
Non-paying parents should be aware of the potential consequences of failing to meet their child support obligations. Beyond legal penalties such as fines or jail time, their credit score may be negatively impacted, and they could face difficulties in obtaining loans or employment opportunities.
6. Seek Legal Assistance
Navigating the legal system can be challenging, and having the support of an experienced family law attorney can be invaluable. A lawyer can guide you through the process, represent your interests in court, and help ensure that the child’s financial needs are prioritized and met.
Why Have Child Support Payments Stopped?
One of the first steps is to determine why payments stopped. When parents stop making payments If a parent is not making payments because of a medical issue, they are unemployed, or any other reason that was out of their control, then the non-custodial parent may have options to work out an agreement so that more money can be paid at a later time or so that other types of help can be given by the non-custodial parent until payments can be made once again.
Obtaining Support for Your Child
If child support is court-ordered, a Murrieta child custody attorney can work with the correct officials to file documents to bring the parent to court to show why payments have not been made. Most courts will give the parent a set timeframe to make a payment before further disciplinary action is taken. Local child support agencies can also enforce the order if the parent is not cooperating.
If there has been a reduction in work hours, then the non-custodial parent may be able to modify the amount of child support for a reduced amount until the parent's hours increase or until more money is available for the parent to pay. In order to qualify for a modification, there must be evidence that the parent has no other source of income and their options for obtaining income are limited. There must also be proof that the parent is trying to overcome their circumstances to find employment or income to support the child.
In the event that the parent still neglects to make payments, the court can take action by taking a portion of their job wages, sentencing them to jail time, or issuing fines. Any extra income like a tax return could also be taken to pay on back child support.
In California, there is a statute of limitations of three years for filing a contempt of child support. Therefore, if your ex is not making child support for an extended period of time, you must notify the court every three years. They will be required to pay back all back child support claims until they fully pay it off, even if the child is older than 18.
Our Murrieta Child Support Attorney Can Help You Enforce Child Support
Enforcing child support orders can be complicated to navigate on your own. To ensure your child is being properly supported, it is in your best interest to seek legal assistance from the Law Offices of Michael D. Iverson. Our team of family law experts will do everything in our power to protect the rights of you and your family.
Call the Murrieta child support lawyers at the Law Offices of Michael D. Iverson today at (951) 418-2770 if you have concerns about enforcing child support.