What Can I Do If My Ex Stops Paying Child Support?

Court-ordered child support is just that, ordered by the court. And, as such, child support payments cannot be dismissed for any reason unless the court decides to rule that the payments will change. That withstanding, if your child’s other parent fails to make good on their payments, you have a right to take action to defend your child’s rights. Those support funds are intended to help with your child’s daily expenses, including their education, food, clothing, toys, and other necessities. If your ex fails to provide you with the support your child is entitled to, you could be left without the money to pay for your child’s essentials.

If you find yourself dealing with unpaid spousal support, make sure you know your legal options. After your ex has missed a payment, try following these key steps:

• Address the paying party. If you are capable of communicating with your child’s other parent, you should reach out to remind them that they missed a payment. Try to be civil and factual, starting a fight is in nobody’s best interest. In an ideal situation, their lack of payment was an honest mistake, and one they can amend immediately. However, if they refuse to pay, or say that they cannot afford the payments, you should take further action.

• Discuss the situation with your attorney. After you’ve tried communicating with your co-parent about the child support issue, your next step should be to seek legal counsel. Your attorney can review your case and help determine the best course of action for your unique situation.

• Go to court. If you have no other options, and if your ex has missed several payments, you may need to take the issue of nonpayment before a judge. If your ex still refuses to pay, the judge can penalize them until you receive the predetermined support your child is entitled to. The judge may withhold tax payments, suspend their professional license, or withhold other government payments and funding.

It is also important to note that your ex may truly be incapable of paying child support, for whatever reason. However, if their financial situation has changed since the court-appointed child support, they must go through the correct channels to seek an amendment. If, for example, they have lost their job, or if they are dealing with a serious health condition, the court might grant a child support amendment that better suits their altered income and expenses. However, if they do not go through the court to obtain an official alteration, they are still beholden to the original court order.

Let an Experienced, Compassionate Attorney Help You

If you are dealing with a serious child support issue that prevents you from paying for your child’s upkeep, you have every right to take action to hold the other parent accountable for the child support they’re required to pay. Our attorneys can assess your case and help create a legal plan to pursue the child support payment your child deserves.