How Can I Make Sure My Ex Keeps Paying Child Support?

 Posted on February 03, 2021 in Child Support

The COVID-19 pandemic has left many people struggling financially, including parents who pay and receive child support. If you are the receiving parent under the terms of your child support order, you may be wondering if there is anything you can do if your child’s other parent is unable or unwilling to continue making payments during this difficult time. Fortunately, you do have options, and a family law attorney can help you determine the course of action that has the best chance of success in your case.

Options for Pursuing Court-Ordered Child Support Payments

The first thing to note in a child support case is that an order issued by the court is legally binding, and it is never acceptable for a parent to simply stop making court-ordered payments. That said, the way in which you go about resolving the situation with the other parent may depend on your relationship with them, your willingness and ability to work together, and the reasons why they have stopped paying.

If you know that the other parent is experiencing financial hardship related to unemployment or health problems, it may be a good idea to try for a sympathetic approach. Your attorney can help you communicate with the paying parent nonconfrontationally and attempt to reach an agreement on a short-term modification to the payment amount that allows them to contribute within their current means. You can then submit this agreement to the court for approval so that it becomes legally binding. This option may not result in you receiving the full amount you are accustomed to, but some support is often better than none at all.

If the other parent is uncooperative or unresponsive to your efforts to reach an agreement, the next step is to involve the court. Your attorney can work with you to file a petition for enforcement and serve notice to the paying parent that you are pursuing legal action. Sometimes, this notice is enough to convince the other parent of the importance of working out a resolution. However, if the parent still fails to follow the terms of the order, they can be found in contempt of court and face possible jail time, fines, probation, driver’s license suspension, and other penalties, in addition to being ordered to make all delinquent payments with interest. In some cases, this means that income will be withheld from the parent’s paycheck or governmental assistance benefits.

Contact a DuPage County Child Support Enforcement Attorney

Given the importance of securing financial support for children, especially during a time of hardship, working with a skilled attorney is crucial. At Davi Law Group, we can provide the legal guidance and representation you need to work out a child support modification or pursue enforcement. Contact a Wheaton child support lawyer today at 630-504-0176 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm