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I am Behind on Child Support – What Happens?


If a motion to modify is not the appropriate action, what can you expect your former spouse’s attorney to do?

What happens when a responsible parent cannot pay child support on time? Often, when one party falls behind child support, it is because of hard times. As discussed in past articles, there are methods through a modification of judgment that can lower child support. However, for short-term changes in circumstances, a motion to modify will not apply to the parent providing support. This begs the question if a motion to modify is not the appropriate action, what can you expect your former spouse’s attorney to do? Speaking to a trusted St. Louis family law attorney can shed some light during this uncertain time.

One of the most common answers to this problem is to request a garnishment, also known as income withholding. Through the court, your former spouse can collect support payments directly from your employer. The court can order up to fifty-percent of the next month’s child support to be credited against your paycheck until all support payments are brought current.

Of course, as with all things that include the court, this requires filing fees, attorney fees, and time. Your attorney may be able to broker a payment plan outside of the courts, thus saving you substantial time and hassle. With a signed agreement, you can assure your former spouse of an equitable payment plan. However, should your attorney be unable to find a mutually agreed-upon solution, your former spouse may once again seek garnishment.

St. Louis Family Law Attorney

If you are falling behind on support payments, do not hesitate. Speak to a St. Louis Family Law Attorney to determine if a motion to modify, or a payment plan, is in your best interest. At the heart of the matter, your financial obligations provide for your children. While the unexpected may come at the worst timing, it is your responsibility to make payments. If you find yourself unable, either in the long-term or the interim, be sure to speak to your attorney and find a resolution before it goes from a small issue to a court issue.

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