What Can I Do If My Ex is Not Paying Child Support?
August 2, 2022 | Divorce Attorney Omaha NE
Going through a divorce and then a custody battle can be emotionally draining. It may seem like it too countless hours and resources, but you fought to ensure the best interests of your child were protected and the court ordered that you be paid child support by your ex. Now your ex is not paying child support despite the court order. You may be wondering what you can do?
How a Lawyer Can Help
For a parent that is working hard to raise their child or children on their own, it can be devastating when their ex chooses not to fulfill their duty by paying child support. The good news is that there are steps you can take to get your ex to pay child support. An experienced family law attorney can help. Here’s how.
- Your attorney will advise you on your legal rights and options
One of the first things you should do when your ex refuses to pay child support is to speak with an experienced family law attorney. Your attorney will examine the facts and explain to you what your legal rights and options are. This will ensure that you are able to make informed decisions in pursuing your ex for child support payments.
An experienced family law attorney will consider the facts of your case to determine the best strategy to take in pursuing child support payments. They will explain to you the best options for your case and help you develop an effective strategy to get your ex to make the payments.
- They will request your ex to make the child support payments
The next important step in acquiring child support payments from your ex is communicating with them. It is best to let a family law attorney handle this. This is especially important when your relationship with your ex is far from amicable. Your attorney will help avoid heated arguments with your ex that could result in further complications in your case.
Your attorney will request your ex in writing to make the child support payments according to the court order. The letter will outline what your ex owes and the consequences or legal action that may be taken for not making the payments. This document will be important as evidence later in the process.
- They will help you avoid mistakes
Many times parents make mistakes when trying to pressure their ex to make child support payments. For example, they may deny their visitation rights. This however, will only work against you. You may end up losing custody of your children. Consulting an attorney right from the start will ensure that you avoid these common mistakes and are able to build a strong case.
- They will help you gather evidence
When the noncustodial parent is not making child support payments, it is important to gather as much evidence as possible to support your case. This could be anything from comments made on social media and texts exchanged between you and your ex. Your attorney will guide you on the type of evidence to collect in order to build a strong case on your behalf.
- They will represent you in court
If your ex does not start making child support payments, you may have to seek the help of the court to enforce the child support order. Your attorney will argue your case before the family court. The court will use any of the various methods available to them to enforce the child support order. Some of the ways that a judge can enforce the child support order include:
- Suspend your ex’s professional licenses e.g. if your ex is a lawyer or a dentist, they will have their license to practice their profession within the state suspended.
- Suspending your ex’s driver’s license
- Denying your ex’s application for renewal of their passport
- Seizing assets from your ex’s accounts
- Placing a liens on your ex’s assets
- Seizing their lottery winnings if any
- Placing a garnish on your ex’s wages
In many instances, ex-partners begin to make child support payments after the court intervenes. However, if your ex continues to fail to make the child support payments, the court may opt to take further steps. The court for example can have their refusal to pay reported to credit agencies. This will result in their credit score suffering and reduce their future buying power. If they continue to refuse to make the payments, they will be found to be in contempt of court. A warrant for their arrest may be issued.
It is important to get a family law attorney involved in your case as early as possible. Contact us to speak with an experienced family law attorney from our law firm and ensure your rights are protected.
What Can I Do If My Ex is Not Paying Child Support?