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Three Steps to Take If Your Ex Stops Paying Child Support

Posted by Sunshine, Isaacson & Hecht LLP on February 27th, 2020

If you have custody of your child or children, the court likely directed the other parent to pay child support. It can be extremely difficult to raise a child on a single income, so for many divorced custodial moms and dads, child support payments are a major lifeline. But what happens if the payments suddenly stop?

Unfortunately, this happens quite frequently, for a variety of reasons. Maybe your ex has been facing some health issues and is putting all of his or her money towards medical bills. Maybe your ex got laid off and is looking for a new job. Or maybe, sadly, he or she is just tired of paying and wants to see if he or she can get away with putting the responsibility aside. No matter their situation, you have remedies with the court!

  1. If you do not already have an order for child support because the other parent was previously paying you based on a verbal agreement or voluntarily, you can and should ask the court for an award of the child support to which you are entitled. It is difficult to enforce agreements, but easy to enforce court orders. Without a court order, technically, the other parent has no legal obligation to make payments.
  2. If you have a child support order and he or she is not paying, you can now seek the Court’s help to enforce the order.   Enforcement can mean that the parent’s paycheck is “garnished” and support is sent directly to you by his or her employer, it can mean that a government agency will monitor and collect from the other parent and then pay you, it can even mean that the other parent will be incarcerated in jail until such time that he or she pays you what you are owed.  Other remedies including seizing a parent’s property (such as an automobile or even a boat), intercepting income tax refunds, and suspending the parent’s driver’s license.
  3. There are different legal mechanisms to make #2, above, happen.  Knowing the right one, what you need to say and ask for, which court to go to, and how to get from Point A to Point B, so that the money ends up in your hands, are the questions that you need to ask an attorney.

Who can help?

If you are dealing with an ex who won’t pay child support, or any other family law matter, the attorneys at Sunshine Isaacson & Hecht, LLP can help. To get started, give us a call at (516) 352-2100. We even offer a free consultation for new clients. So don’t hesitate — call today!

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