We’re all familiar with the idea of the “deadbeat” parent who doesn’t make, or wants to make, their child support payments. You realize you haven’t received this month’s child support payment from your former spouse. You try contacting them about the situation, but they dodge your calls and won’t respond.
When you finally do make contact, they may play it off and make excuses. When they realize you aren’t willing or able to wait for them to follow through with their court-mandated responsibilities, they may become belligerent or even aggressive. What do you do?
Failure To Make Child Support Payments
So you’ve played by the rules, gone through the appropriate procedures, and your spouse still won’t pay. Don’t worry, there are ways to proceed.
What Are Your Legal Options?
The good news is, though it’s a headache, you do have options. You have legal recourse in various forms. But be warned, like most legal matters, they can be expensive and take a long time.
Serve Your Former Spouse Papers
The district attorney can serve your former spouse with papers compelling them to meet with officials and set up a payment schedule. These papers typically state that if your ex refuses to meet with them or pay, fines and jail time may be the result.
Garnish Income
Federal law also affords the district attorneys the power to intercept tax refunds, seize or place a lien on properties, and even garnish wages.
If your ex’s employer doesn’t follow through or comply with the wage garnishment, they can then be held liable for the funds owed as well. But as you might imagine, making this happen also requires legal intervention. This only further complicates an already complicated situation.
In more drastic situations, suspending a business or occupational license can be used as legal leverage.
Some states even allow the revocation of a deadbeat spouse’s driver’s license, and the State Department may refuse to issue a passport to anyone who owes more than $2,500 in child support.
Possible Jail Time
The primary goal is to get the money that you need to support your child. Your ex being jailed doesn’t accomplish that, even if your anger makes it sound like a good solution.
That being said, if nothing else works, the threat of incarceration may serve as a motivator. Most jurisdictions are understandably reluctant to exercise this option, but it exists and may be the one that delivers results.
Child support is one of the most significant financial obligations that result from a divorce. Depending on the age and number of children supported, the payments can last for multiple decades and cost tens or even hundreds of thousands of dollars.
Regardless of how you and your ex feel about each other, the ability to work together in the children’s best interests is essential to their happiness and well-being. The key to this is having proper expectations, knowledge, and legal counsel.
In the end, it’s best to remember the ultimate purpose of these payments, to care for and provide for your children. That’s the point, and that’s what you should keep in mind.
