My former spouse isn’t following through with child support. What can I do?
After a divorce, courts can decide certain orders that former spouses need to abide by. These orders can include child custody, child support or spousal maintenance. Divorces can be complicated matters that cause a great deal of emotional turmoil for the parties involved. If the former spouses are not on good terms with one another, they may neglect the orders that were passed by the court. If this has happened to you, you can seek legal help to receive your court-ordered decision.
When situations such as these occur, you may have to seek legal action to guarantee that you receive what you are entitled to. Our law firm can assist you in the process and can guide you toward your goal.
What is an enforcement petition?
An enforcement petition is filed when a former spouse is improperly following a court order or ignoring it completely. This is a violation petition. Once this is filed, the court will investigate the matter and respond accordingly. If the court finds that the person is in willful violation of an order, the accused should have a chance to explain why they are in violation. If they do not provide an acceptable reason for violating an order, then they can face serious legal consequences. This can result in the change of an order or contempt of court.
If there is a violation of child custody, the court can demand a range of consequences for the accused. The violator may lose custody of the child. The court will investigate the matter to see what will best fit the child. Individuals found in violation of custody arrangement may face arrest and a change in their former custody arrangements ordered by the court.
A violation of child support is another wrongdoing that can lead to consequences. Paying too little or not at all can lead to trouble for an individual. The court has the ability to recover the past money on behalf of the custodial parent. This is allowed through the Support Collection Unit. If the court acts, they may garnish wages or require payment through a lump sum. Similarly, an enforcement petition can be filed to recover spousal maintenance funds. When an alimony order is ignored, the court may require the individual’s employer to withhold a certain amount of money and send it directly to the dependent party that they owed alimony to. This is called an income execution. However, the court can only use the Support Collection Unit if it is found that the individual is in violation of child support and alimony funds.
Judges can make decisions based on the cooperation of both parties. Child support, child custody and spousal maintenance can be modified due to changes in the former spouses’ lives. If you are a victim of a former spouse’s unwillingness to adhere to court orders, contact us for a consultation.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.