How Can I Collect Child Support From My Ex-Spouse?
If your ex isn’t paying child support, it can be a frustrating and devastating experience. Chances are that the custody process was stressful enough, and that when a child support order was finally entered, you felt like you had finally reached the end of the road. However, for many people, this is just the beginning of another long and difficult process of trying to actually collect the child support that you are owed. If your ex is failing to make their court-ordered child support payments, they are breaking the law, and there are penalties that they can face. If you are ready to start taking action, read on to learn about your legal options to collect child support, or contact an experienced Orlando child support attorney to talk one-on-one about your case.
Hold them in Contempt
As first steps, it is always a good idea to ask your ex-spouse for the child support payments. In the event that they forgot or wanted to see how far they could push the line, this request may be enough to make them comply. Make sure to make the request in writing, such as via a text or email, so that you have documentation. If your ex does not comply with your request for payment and it has been 45-90 days since they missed their payment, it may be time to get the court involved. Contact an experienced Florida child support attorney to represent you, and they will petition the court to hold your ex-spouse in contempt for violating the child support order. The court will then hold a hearing, which your ex will have to attend, and explain why they have not made their court-ordered child support payments. You will need to present evidence of their non-payment. Depending on the circumstances, you may be able to request that child support payments be deducted directly from their wages, so that they cannot avoid payment if they can afford it. This can potentially be obtained by requesting an income withholding order. The judge may also place them in jail until their child support payments are made. If you are concerned about spending money on a lawyer when you are already short on funds due to the lack of child support payments coming in from your ex-spouse, don’t worry about it. In many cases, the judge will order the non-paying parent to pay the custodial parent’s court and attorney’s fees, since they only needed to come to court to fix the problem caused by the non-custodial parent. Be sure to talk to your lawyer up front about this option and the likelihood of it applying in your case.
Contact Greater Orlando Family Law and Schedule a Consultation Today
If you are struggling to get the child support payments from your ex-spouse that you are legally entitled to, contact the experienced Orlando family attorneys at Greater Orlando Family Law today to schedule a consultation and find out how we can help you.