While trying to secure child support during a divorce settlement can be difficult and stressful, for some divorcing parents (or non-married parents seeking child support), this may be just the first step in the process – especially if the other parent fails to pay court-ordered child support. In such cases, parents will have recourse to collect child support payments and should work with an experienced family lawyer to ensure that their case is resolved as efficiently and favorably as possible. Below is some important information regarding the enforcement of child support:
- If an ex-spouse or parent fails to pay child support, the Child Support Enforcement Act of 1984 grants attorneys the power to do the following in an effort to collect monies owed:
- Garnish the non-paying parent’s wages
- Collect the non-paying parent’s tax refund
- Seize property owned by the non-paying parent
- Suspend the non-paying parent’s business or professional license
- Get the non-paying parent’s driving privileges suspended
- File a motion with the courts to show that the non-paying parent is in contempt of court; this will likely result in that individual going to jail. Because going to jail precludes the non-paying parent from earning a living and, therefore, paying future child support, this option is reserved as a last resort for particularly delinquent parties.
- If the non-paying parent has moved to a different state, you can still enforce the payment of child support, though the process will be a little more complicated. In these cases, the manner of proceeding with enforcement will depend on the laws of the state to which the non-paying parent has moved.
For example, while some states will allow the court in your state to proceed with action against the non-paying parent, in other states, you will have to file a separate petition to get the courts in that state to proceed with enforcement action. Because these cases can be more complicated, it’s crucial that parents trying to collect from out-of-state non-paying parents work with a skilled family lawyer.
Given how complicated the enforcement of child support can be, as well as the fact that single parents often don’t have the time (or may not have the knowledge regarding how) to fully pursue a non-paying parent for child support, it’s essential that they work with the Colorado family law attorneys at the Law Office of Mike Hulen. For years, we have been successful at helping our Clients hold non-paying parents accountable in order to secure the child support they need. If you are owed child support, contact us at (303) 932-8666 to learn more about your rights and receive professional advice regarding the best manner to proceed with your case.