This is something that can be very frustrating and upsetting when a former spouse does not follow court ordered child support payments.
This breach of promise leaves the custodial parent under financial pressure while robbing the child of their right to receive such funds for their upbringing.
We can relate to the emotional turmoil you are facing. A feeling of helplessness and an inability to see the light at the end of the tunnel fills the air. But your legal rights and remedies are – Making out sure to remember that. No one should find themselves in the lurch when it comes to the financial support they need to raise their child.
Understanding Your Legal Rights
The Florida Department of Revenue is the entity responsible for child support enforcement in the State of Florida. The department’s Child Support Program helps ensure that noncustodial parents are held responsible for providing financial support for their children. The legislation enables custodial parents, such as you, entitled to such financial assistance from their ex-spouse to recover said income.
Steps to Take When Your Ex-Partner Won’t Follow Court Orders
If you have an ex-partner who breaks the rules:
- Call Child Support Services Division (CSSD) of the New Mexico Health Care Authority and ask for the enforcement of the child support order.
- You may wish to contact a family lawyer who specializes in child support matters to represent your interests.
- Document instances of missed payments and other offenses.
Based on the facts of your case, the Child Support Services Division can undertake a number of enforcement measures against you, including the garnishment of wages, the suspension of your driver’s license, the interception of your income tax returns, or even the issuance and execution of a bench warrant.
Also, do understand you are NOT punishing the non-compliant parent; these measures are to protect your child. Please remember that, in these challenging times, your child’s well-being comes first, and the state of Florida is here to help you achieve that.
Legal Remedies – Filing a Contempt of Court Motion
If your ex-spouse continues to ignore the child support order, you can file a motion for contempt of court.
A contempt motion is basically a complaint that you file with the court to say that someone is violating the court order. As the filer, you will need to provide proof, so it is important to begin documenting contacts where payments were missed at this time.
The court will take different actions to enforce payment of child support if your ex-spouse is found in contempt.
Here are some things that a parent who does not comply might experience:
- Jail time: The judge can imprison the parent who does not comply until they have paid some amount of the owed child support.
- Property liens: The court can file a lien against the property of the parent who doesn’t comply, which means the property can’t be sold until the child support is paid.
- Asset seizure: The court can seize the non-compliant parent’s assets in some instances to cover the amount of the overdue child support.
Keep in mind that the goal is not to punish your ex, but to meet your child’s needs. Whatever framework you follow, like with anything, understand the process. This process may not be easy, but legal professionals such as family lawyers and state agencies like the Child Support Services Division are available to help you through it.
What Not to Do If You’re Ex Refuses to Pay Child Support
A bottom line is to educate yourself to avoid some actions when you are dealing with a non-compliant ex-spouse that is not making child-support payments. It is best to deal with these types of situations patiently and within the law, and any rash behavior could inadvertently hurt your case or negatively impact your child.
All of this relates to the following – do not deny your ex-spouse their visitation ordered by the court as retaliation for not paying child support on time. Visitation and child support are separate matters in the eyes of the court. Causing a denial of visitation could land you in legal trouble and can affect your child’s emotional state.
Here are some things to avoid doing:
- Denying visitation: As already stated, visitation and child support are two different matters. One cannot refuse their ex-spouse from seeing the child, even if they are not providing child support.
- Speaking poorly about your ex-partner to your child: Be sure to keep your child out of any animosity between you and your ex-spouse. Negative remarks about them can cause your child emotional pain the cancer parent.
- Taking justice into your own hands: Go and get your ex sp and informally collect that child support. I’d recommend against such moves because they will likely only further inflame the situation and won’t lead to a good outcome.
If you are indeed in a position of having an ex that will not comply with the court’s order of child support to you, know that the RULE of law is on your side. You have to go the legal route and use the resources and support your state has to offer.
No matter what, keep your child’s best interests as your goal. This article aims to help you realise that while it can be a difficult situation to face, by knowing your rights, the legal processes involved and how to approach the matter appropriately, you can change the outcome for the better.
Final Thoughts
At The Law Office of Anthony Griego, we know the complexities of child support matters and what an emotional and financial upheaval they may cause. Our skilled family law attorneys will work tirelessly to protect your and your child’s rights and to guide you through the process step-by-step. We take the time to talk to you about your individual circumstances, to develop a strategy, and to seek the results you need to protect your child.
Our experience within the Child Support Services Division (CSSD) of the New Mexico Health Care Authority as well as in handling the intricacies of contempt motions will serve you well. We understand these cases need a lot of comprehensive documentation, and we help you gather everything required to build your case.
Contact us online or by phone at 505-417-2729 and let us assist you in ensuring a stable financial future for your child.
