When couples finally get divorced, the parent with custody is usually left with income which may not be enough to cater to the family needs. As a result, this may result in financial strain as they try their best to raise the children. To rectify or remedy such a situation, the law makes it possible for family courts to order the other parent (the one not granted custody) to assist by providing financial support to the parent with custody. This is what is referred to as child support. Unluckily, there are instances when the non-custodial parent neglects or disobeys the orders of the court by making a late payment, refuses to make the payments as ordered, or makes smaller payments. If your ex-wife or ex-husband is not complying with the court order to help with child support, do not panic as there are legal avenues you can pursue to address the non-payment. A good family lawyer can utilize any of the three strategies below to ensure you get the assistance you need in matters of child support.
- Wage Garnishment
This process refers to a debt collection method where the money for child support is deducted directly from your ex’s earnings. When a garnishment order has been given, the employer of your ex-wife or ex-husband is required to withhold a certain fraction of their earnings, so that the money can be directed toward the repayment of child support. While there can be a limitation on the amount that needs to be garnished, the employee’s wages may be garnished up to fifty or sixty percent for failure to pay their child support.
- Real Property Liens
This is also another avenue the lawyer may utilize to ensure payment of child support. A lien is often a legal document that is utilized as a debt collection tool. This document puts a limit on what the debtor has to do with the asset that is attached to it. For instance, if your ex-partner fails to make their child support payments, there is a possibility of attaching a lien against their property such as automobile or home. This has a profound effect as it limits the ability of your ex to get a loan unless the lien is settled. In other cases, a lien can give the debtor the mandate to sell the property.
- Seizure of Bank Account
If your ex-wife or ex-husband fails to pay their child support, it is possible to seize their financial accounts. That way, the funds can be diverted towards the settlement of the due child support payments.
As seen above, the failure of a spouse to pay child support can result in very serious consequences. If you find yourself in a situation where your ex-spouse fails to pay child support, don’t resort to breaking the law. Instead, the appropriate response is to call a family attorney who can assist you in enforcing the support order safely and legally. If you don’t know where to begin, you can visit shellyingramlaw.com for more information regarding matters to do with child support.