What Happens if Your Ex Stops Paying Child Support? Legal Steps You Can Take Immediately
Child support isn’t extra help given out of the kindness of a parent’s heart; it is a legal obligation that your child is entitled to. A child has the right to be supported by both parents, but when one parent stops making required payments, the other parent can be left trying to make ends meet. In these situations, it may be necessary to reach out to a child support lawyer.
The team at Ewaniszyk Law Firm, led by attorney Richard M. Ewaniszyk, has helped clients navigate a wide range of complex family law situations. We know that just as every family is different, so is every divorce and co-parenting relationship. Call our Victorville child support attorneys at 760-245-7310 to set up a time to discuss your case.
Understanding Child Support Obligations
Under California law, both parents have a legal responsibility to provide for their children. This obligation does not disappear when parents split up, when one parent chooses not to see their children, or even if both parties live together. The California child support formula takes a number of factors into account, including both parents’ income, tax filings, and how time with the children is divided. Once a child support order is in place, the paying party cannot unilaterally stop or modify payments without petitioning the court for a change.
Signs Your Ex May Stop Paying
Attorneys at child support law firms have heard every possible reason a non-paying parent uses to excuse their failure to pay. In some cases, the recipient parent knew that trouble was coming, and in others, the sudden lack of payments came out of nowhere. If you receive child support, watch out for these signs that your ex may be getting ready to stop their payments:
- Sudden change in jobs, especially if they take a drastic pay cut or begin getting paid under the table
- Complaints of being unable to pay their other bills or provide for other family members
- Complaints that the child support order is unfair
- Claims that because they do not see the child, they should not have to support them
- Moving or cutting contact without notice
Immediate Steps to Take if Payments Stop
When the payment date comes and goes without any actual payment, it’s important to take steps to protect your child’s financial rights. First, you may want to have a calm conversation with your co-parent. While you’re free to go and confront them, these issues can sometimes be resolved with a conversation in a way that protects the co-parenting relationship. In some cases, the lack of payment is just a clerical error that keeps the payment from being deposited in your account.
If they do not resume payments or refuse to communicate with you, double-check your child support order so you know what their obligations are. Begin documenting missed payments and any communication you have with your ex regarding their failure to pay.
Next, you should reach out to a child support attorney. If you’ve been through divorce, that may be the same attorney you used for your divorce. They’ll take a look at your court order, learn more about your communication with your ex, and help you understand your legal options moving forward.
Legal Options Available to You
Ideally, you’ll be able to resolve child support issues via informal means. However, if your ex fails to cooperate, you may be forced to enforce the court order. Your attorney may file a motion with the court to enforce the order. Should they continue to fail to make payments, they may be held in contempt. The child support agency may also be willing to have payments taken directly from their paychecks. If they continue to fall behind, their tax returns and any legal settlements they receive may be seized to cover back child support payments.
In the meantime, it can feel incredibly unfair to be left with the full financial weight of your children’s needs. You may want to talk to your child support lawyer about support and aid programs in your community, particularly those that help single parents. Local non-profit organizations, churches and other religious organizations, and governmental agencies may help you bridge the gap.
Discuss Your Next Steps With Ewaniszyk Law Firm
If you’re ready to talk about your case with our child support law firm, let’s set up a time to talk. Give us a call at 760-245-7310 or fill out our online contact form to request a consultation.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.