April 29, 2020 | Child Support, Divorce, Family Law

With the onset of the COVID-19 pandemic and its impact on jobs and the global economy, the need for financial support for children is more important than ever.  Paying child support is an obligation that should not be taken lightly. And, when it’s violated, the other parent can be compelled to do what’s right.

 Nebraska Child Support Lawyer

Raising children on your own is difficult – especially if the other parent is refusing to comply with a court order to pay child support, or is consistently late with payments. An experienced child support attorney on the family law team at High & Younes will be on your side every step of the way. We have years of experience in all facets of family law, including child support, divorce, custody, protection orders and more. Give us a call at 402.933.3345 or fill out our confidential contact form here.

My Former Spouse Won’t Pay Child Support: What Now?

Even if you are struggling to secure payment from your former spouse or partner, there is hope. You have a few options to compel the other parent to pay.

1. Contact the Nebraska Child Support Payment Center (NCSPC).

The Nebraska Child Support Enforcement Payment Center, a state agency, can take steps to help you collect your rightful child support payment, including withholding the other parent’s income, garnishing their bank accounts, suspending their driver’s license, and/or intercepting tax returns. You’ll be assigned a caseworker who will help you move forward.

• Pros to using NCSPC: you don’t have to hire an attorney, go to court, or take direct action against your ex-spouse.
• Cons to using NCSPC: As a government body, it typically takes a substantial period of time to see and feel results. That is due to certain administrative rules and regulations the agency must follow to collect. It’s a timely process in general, and sometimes the NCSPC won’t take action until the other parent is three or so months in the hole.
• There is a faster option, which we address below.

2. File an Application for Show Cause, Also Known as a Contempt Action.

An application of Show Cause asks a judge to issue an order requiring your children’s father or mother to come to court and “show cause” as to why he or she is not paying child support. The steps require the assistance of a family law attorney, but the process moves much faster than going the above route –  which means you will receive payment sooner.

It works like this: The presiding judge will issue what’s called an “Order to Show Cause” and set a hearing date. At the hearing, the defendant will be required to explain why they have failed to make payments.

If the other parent is deep in arrears, the judge will find them in contempt and formulate a purge plan. He or she will then have to follow that plan in order to “purge” himself or herself of being in contempt of court.

Purge plans compel the parent who owes to follow through with payment. Such plans usually involve requiring them to catch up by paying a little more than the regular monthly amount.

Sometimes, people will not step up with payment until they’ve taken a trip to the county jail. If the original order does not include automatic income withholding, the judge may order the other party to set it up. Income withholding guarantees payment on a regular basis.

Tips for Successful Contempt Actions  

• Although a contempt action is not an available avenue to modify the current child support order, the process may plant a modification seed in the mind of your ex-spouse. Sometimes being served an Order to Show Cause will prompt the other party to hire counsel and counsel may advise him or her of the possibility of modifying the order in a separate action.
• In family law cases, the ability to be reasonable wins with most judges. When speaking to the father or mother of your kids about child support issues, keep your cool. Try to accommodate and work out a plan of your own before asking a Judge to do it for you. Set a deadline, give them a few warnings, or come up with your own purge plan (all in writing and with your attorney’s guidance, of course).
• Keep in mind that you still have to co-parent with this person after filing the application. Think about your quality of life and what a potential contempt action could do to your ability to successfully co-parent with this person in the future. There are a lot of financial and emotional factors to consider, for both you and your children.

Fortunately, child support orders do not go away, even after your child turns 19 and is considered a legal adult. If the other parent refuses to comply, he or she will be forever indebted to you – and you always have options to collect. No matter what your situation, we can help. Let’s get started–  and put an end to your worries.

About High & Younes’ Family Law Division 

Sometimes, families need help. The Omaha family law and divorce attorneys at High & Younes are highly-respected for their honesty, integrity, and abilities. A family law case –  a divorce or child custody dispute, for example – case can have a lasting impact on your family, your emotions, and your finances. Our family law team will give you and your case the dedication and attention necessary to obtain a fair, just, and satisfying result. Call 402.933.3345 or fill out our confidential contact form here. You also can reach out via live chat on our home page.

Leigha Wichelt has seen firsthand the negative effects on families who lack strong, compassionate legal representation. Prior to joining High & Younes, Leigha worked within the Douglas County Juvenile Court system; as a volunteer Court Appointed Special Advocate for Children; and as a Child Youth and Families Services Specialist for Nebraska Department of Health and Human Services.

Because of that, Leigha understands that in many cases, parenting is at the heart of the court system when it comes to family law matters. She testifies on child support collection reform before the Nebraska Legislature. And, Leigha is a mother herself.

For years, people told Leigha that her passion for helping families would make her a great lawyer. So, she became one.

Leigha is a Family Law attorney for High & Younes, focusing on Divorce, Adoption, Child Custody, and Decree Modification. She also is starting a pro bono clinic for veterans. Email Leigha at leigha@hyattorneys.com.