Unfortunately, many single parents have to deal with an ex who refuses to pay child support. If you have been unable to come to a friendly agreement with your child's other parent, then you may need to start some legal procedures to recover the money you're owed. Here's what you need to know about legally collecting child support from an non-supportive partner.
How to File a Child Support Dispute
There are a few ways that you can start a child support dispute, and a lawyer can help you to navigate each of these options. The first thing to do is to file a report with the same court that mandated your child support order, stating that the other parent is not holding up their end of the agreement. The court may try to mediate the situation first, but if the parent still refuses to pay, you will need to have your lawyer open a child support trial.
If you are going the trial route, you'll need to collect your custody documents and file paperwork with the court office. The court will then send an order to your ex for a mandatory appearance in court, and you can have your lawyer represent you in the trial.
Methods to Collect Child Support
The government is on your side in helping you collect child support, and they will help collect the money owed in a variety of ways. They may garnish part of the person's wages; essentially, this means that employers are obligated to report the employee's earnings directly to the state, who will withhold a portion to send to you. The government can also withhold money from a tax return to help pay back child support.
In your child support trial, the judge may also mandate some other options for paying the child support. The court may seize some of the ex's assets and liquidate them in order to pay you. They may also simply mandate that a lump sum be paid right away, if the person has the means to pay it.
While you may feel that these procedures will cause a lot of hard feelings between you and your ex-partner, it's often the best way to collect child support from someone who claims that they cannot pay. Your lawyer will help you negotiate fair terms with the other party and collect the money in a way that's both legal and within the other party's means.
For more information, contact a law firm such as Patton Hoversten & Berg PA.Share