What Can You Do When Your Ex is Not Paying Child Support?
If divorcing parents can’t come to an agreement regarding a parenting plan, the court may request a social investigation to help determine the best course of action.
The best way to ensure quick and decisive action against a parent who is willfully not paying child support is to have your attorney file a Complaint for Contempt of Court.
Child support is one of those issues that never seems to get easier; in fact, if anything it gets more difficult the longer you have been divorced. Even when both spouses seem to look out for the best interests of the children, long held hostilities between the parties often play out in the payment of child support. Now matter how well-intentioned one might be, circumstances often arise where the non-custodial spouse is not paying child support.
As a Florida family lawyer, I always advise my clients to make sure their child support is court-ordered, not just an informal agreement between the parents. The reason for this is two-fold. First, even the most amicable of divorce situations will change over the years, and you can never predict how this might affect a parent’s willingness to pay support. Second, if the non-custodial parent is not paying child support and you do not have a court order, then the support cannot be garnished from their wages, accrued as “arrears,” or otherwise withheld from that parent’s assets.
If you do have a court order, then the penalties for non-payment of child support can be severe; up to and including incarceration for Contempt of Court. Enforcement actions may include attorney’s fees, wage garnishment, driver’s license suspension, negative credit reporting, court-ordered lump sum payments, and the inability to obtain a passport. Courts may also seize bank accounts and other assets owned by the non-paying parent.
How We Can Help
If you, a friend, or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed family law attorney who has been practicing law since 1987. He is available whenever you need him to defend your rights.