Having A Hard Time Collecting Child Support?

I heard from a man the other day. He and his wife are divorcing and negotiating child support. His wife doesn’t want child support mentioned in the final divorce decree. According to him she would “promise” to pay a certain amount a month…an amount they negotiated and agreed upon together.

Big mistake! Without a court order stating how much child support a non-custodial parent is to pay, the custodial parent has no legal recourse if child support is not paid.

Many things are negotiable during divorce, child support should not be one of those things. Follow your state’s child support guidelines and get it on paper signed by a judge.

After doing that if you still have problems collecting child support I have few suggestions on how to use your court order to force payment.

1. Contempt of Court:

   If the ex doesn’t pay and you have a signed order by a judge you can and should not hesitate to take him/her to court for contempt.

2. Income Withholding:

   I’m of the opinion that this should be the standard way of paying child support. Getting the judge to sign an income withholding form right out of the gate keeps the possibility of ever going with child support low.

   An income withholding form gives the courts the right to demand that an employer deduct child support from an ex’s wages. Regardless of what some feel this is not a negative reflection on the non-custodial parent. It is a means of protecting yourself and your children as the custodial parent.

3. Personal Property Liens:

   In some states if a non-custodial parent is behind in child support payments you can get a lien on any personal property they hold. This won’t get you money right away but it will put you in a position of being able to collect what is owed if the ex ever attempts to dispose of the personal property.

4. Federal and State Income Tax Withholding:

   Federal and state income tax refunds can be taken, in full or partially to cover delinquent child support. Your attorney will know what steps you take to attach the ex’s income tax refund.

5. Unemployment Compensation:

   Unemployment compensation along with worker’s compensation and social security disability can be used to cover delinquent child support also. There is a cap on how much you will get. I think it is 25% but something is better than nothing when you are in need of help supporting a child.