While a divorce is difficult enough, a full legal separation becomes even trickier when you share a child with your ex-spouse. From custody battles to visiting rights, one other thing parents have to take into consideration is giving and obtaining child support.
Indeed, obtaining child support from your ex-spouse may seem tricky. Dealing with a former spouse or partner who does not pay child support can be mentally and financially draining. Luckily, child support agreements or court orders can be enforced to ensure that payments are made.
Read on to discover how to deal with a child support dispute today.
Understanding the Function of Child Support
Child support payments cover the costs associated with raising a child. This includes expenses for food, shelter, medical care, clothing, school materials, tuition fees, emergencies, etc. Paying child support often gives the impression that your ex-spouse is simply sending funds to you. The truth is that the child involved is the one who receives child support payments.
Non-custodial parents who are currently on their child support responsibilities have visiting rights. However, because the custodial parent spends most of the child’s time with them, they are responsible for most of the child’s living expenses.
If child support payments are not made on time, a child’s life and health may be jeopardized. Unfortunately, many spouses (mostly women) do not receive the compensation their child is entitled to. If something like this happens, you can petition the court to intervene.
Managing and Implementing Child Support Obligations
Child support obligations can be negotiated or imposed by the courts (like a separation agreement). There are numerous methods for obtaining child support. If you need help enforcing a child support order in your state, you should consult with a local family law attorney. Your attorney can assist you in requesting that a court order be enforced. If you take the matter to court, the judge may order your husband to pay child support.
A judgment establishes your spouse’s financial obligation to you. You may be able to recover the debt by garnishing your spouse’s wages or other income, seizing his or her bank accounts, putting liens on his or her property, or getting income tax refunds. Consult your attorney again about debt collection techniques.
If the judge decides to investigate, your partner could be found guilty of contempt of court. This remedy is available to those who are behind on their child support payments.
A child support agreement can be enforced against your spouse. You will need to produce evidence that your spouse has broken a contract as an alternative to obtaining a court order. Consult with your attorney about the situation.
The Best Timing to File a Missing Child Support Funds Claim
Allowing a few payments to be late may indicate a compassionate and flexible attitude. However, this is a slippery slope. It is often risky to let late payments slide because this causes stress on yourself and your child. Perhaps your ex-spouse may take this opportunity to voluntarily reduce their payments until there is nothing for you to receive. Over time, your child’s health may suffer as a result of this. As such, it is vital to seek legal counsel and keep close track of any child support payments that are late or not made at all.
Conclusion
Regardless if your ex-spouse and yourself are on good terms or not, it must be clear that obligations are obligations. From the beginning, it must be established that there should be no way around missing child support payments. If a conflict arises, know that you can take this legally for the sake of your child.
Are you looking for a child support investigator? Quinn & Associates is a team that can help you find evidence to support your causes and legal claims. Contact us today to learn more about our services!