What if my ex won't pay child support?

If you’ve been divorced and you share a minor child(ren) with your ex, the custodial parent often relies heavily on child support to provide financially for that child. But what can you do if your ex stops paying child support? Or what if you’re the non-custodial parent and you face financial difficulties. What are your options if you can no longer afford your child support obligation?



If you are the custodial parent and your ex isn’t paying their full child support or has stopped paying altogether, a contempt motion can be filed with the court. This option only applies to parties who have a prior court-ordered agreement. If you and your ex have made a private agreement, the court does not have jurisdiction to intercede. This fact highlights the importance of having court orders regarding child support. Without a prior court order, you’ll have to file a new case and start from scratch, meaning prior non-payment will unlikely be considered. It’s also important that you act quickly. There is a statute of limitations on non-payment for child support, so filing right away is important.



Once your contempt order is filed, the judge will conduct a hearing. If the court agrees that the other parent is delinquent, the motion for contempt will be granted and the other parent could face penalties. Depending on the history of the case and other factors, the parent could be fined or even sent to jail until they are able to make payments on their back-owed support. Garnishing the other party’s paychecks is also an option that is now available with a court order. If the party remains behind for a significant period, their tax refunds can be seized and other funds, such as Social Security, disability, worker’s compensation, unemployment, retirement plans & Veteran’s benefits can be taken to satisfy the judgment. A final option is placing a lien on their property, allowing for funds from a future sale to be held back and given to you to pay their debt.

If you’re the non-custodial parent, the only potential defense you can raise is a change in your financial circumstances. You would have to prove that you are incapable of satisfying the child support, which would require evidence and/or documentation. At that point, you may not be held in contempt, but a revised order may be put in place, which could include penalties.



Whether you’re the custodial or non-custodial parent, in a situation like this, you need to hire an experienced attorney. Daniel Finder at Finder Law, LLC has over 10 years of experience in child support, custody and other family law matters. He can help you aggressively protect your rights and fight for justice.

Call us today to set up a consultation so we can get started on working toward a positive outcome for you.