Child support is more than just a monthly payment, it's a legal and moral obligation designed to ensure that your child's needs are met, even after a divorce or separation. But what happens when your ex stops paying? Whether it's missed payments, partial payments, or an outright refusal to contribute, failure to pay child support can place an unfair burden on you and affect your child's well-being. At The Law Firm of Victoria, we understand the frustration and financial stress this can cause. Here's what you need to know, and what you can do, if your ex isn't paying child support.
First and foremost, child support orders are legally binding. This means your ex is required by law to pay the amount ordered by the court. Skipping payments is a violation of that order, but there are procedures in place to enforce it.
It is necessary in this situation to keep records of missing payments. Before taking legal action, it’s important to gather accurate documentation. This includes a copy of the child support order, payment history, and any communication with your ex regarding the missed payments. Having clear records and evidence helps the court to take the appropriate action.
If your ex has stopped paying, you can take legal action through your local child support enforcement agency or by working with your attorney to file a motion to enforce the JOD.. Potential consequences for non-payment include wage garnishment, intercepted tax refunds or stimulus checks, suspension of driver’s or professional licenses, liens on property or bank accounts, and even jail time in severe cases. These enforcement tools are designed to compel payment, not to punish, but courts take child support delinquency very seriously.
Sometimes, a non-paying parent falls behind due to legitimate reasons, such as job loss or medical issues. If this is the case, they must request a formal modification through the court. Until the court approves a change, they are still legally required to pay the full amount. If you're unsure whether a modification might be warranted, or if you’re being told one has been filed, consult an attorney to protect your rights and ensure compliance with the law.
Dealing with unpaid child support is more than a financial issue, it's a matter of justice for your child. At The Law Firm of Victoria, we help parents enforce support orders, hold non-paying parties accountable, and ensure that your child's needs remain the top priority. Whether you need help filing a motion, responding to excuses, or working with enforcement agencies, we’re here to stand by your side.
Contact us today to schedule a consultation and take the first step toward resolving unpaid child support. Your child deserves support, and so do you.