Why You Need A Child Support Lawyer To Deal With Payment Violations

After a divorce or separation, chances are that you worry about your ex's ability to pay their share of the cost of raising your child or children. The good news is that there are numerous legal tools available to you, the custodial parent, to make sure the other parent pays up. But these methods work better with the help of a child support lawyer. What can they do to ensure child support keeps flowing in?

1. File for Contempt of the Court's Orders

If your child support payments are being ignored, it's time to bring in an expert. A child support lawyer can help you file for contempt of court orders. The court will then make further orders to punish the contempt and enforce the payments using its powers.

2. File for Garnishment of the Paycheck

If you're owed child support, you can file for garnishment of your ex-spouse's wages or bank account. If your court order allows it, child support can be withheld from your ex-spouse's paycheck. Since many employers make payments in bulk (i.e., payroll checks), wage garnishment is very effective.

3. Enter Lien Against the Violator's Assets

If there is no cash to garnish, your child support lawyer can go after the violator's other assets, including real estate and vehicles. Your attorney will file liens against these assets, which means that if they are sold or otherwise transferred, you will be paid out of any proceeds from those sales. 

4. Place a Hold on Travel Documents

A hold is placed on travel documents, and they are not released until you have the payment in full. Your lawyer can apply for a freeze of the passport and bank accounts. They will file an affidavit with your local district court, stating that you have good reason to believe that the co-parent is about to leave the country. The court will then issue an order freezing their assets and preventing them from leaving until they have paid what they owe.

5. Intercept Federal Tax Refunds

Under federal law, you can intercept your ex-spouse's tax refund if you haven't been paid child support for at least two months. Your lawyer will contact the local IRS office and file an Intercept Notice, which the IRS uses to stop the refund until the payment issue is resolved. 

Child support is crucial to ensuring your children get the best they deserve in life, so pursuing non-payments is critical.

Contact a local child support attorney for more information. 


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