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Help! My Ex Isn’t Paying Child Support!

Unfortunately, it’s not uncommon for an ex-spouse or estranged parent to stop making their child support payments. If you’re struggling to pay all the expenses for your kids, the child support your ex owes you can make a big difference. How can you collect the money that you’re supposed to have to help provide your kids with the things they need?

If you’re having difficulty getting payments from your ex, I highly recommend that you speak to an attorney who can help you enforce your rights. You can also ask for the assistance of the Child Support Enforcement office or of your local district attorney. Your local district attorney and state attorney are obligated to help you collect the child support that’s owed you, according to the Child Support Enforcement Act. The district attorney can serve papers requiring that your ex arrange a repayment schedule.

What if your ex has disappeared? There are locator services specifically for locating missing parents. Employers are required to report basic information about new hires to each state’s Department of Labor, making it easier to track down a non-paying ex.

Unpaid child support can be taken directly from your ex’s wages. This requires an income withholding order issued by a court or the child support enforcement agency. Usually, 120 percent of the payment amount is collected until the back support has been paid off, then the regular monthly payment is deducted every month. Once this procedure is in place, it continues for as long as child support is due.

Child support can be collected from income other than wages; for instance, your ex’s tax refund can be diverted to pay for child support. Unpaid child support can have serious consequences. Unpaid amounts over $1,000 can be reported to the credit bureaus. Parents who are at least $2,500 behind on child support payments may be denied a passport. Failure to set up payments can even result in jail time.

If you haven’t been receiving child support payments that are owed to you, we can help you resolve the situation. Give us a call today!

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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