What to Do When Child Support Is Delinquent

What do you do when your former spouse is late or ceases to pay court-ordered child support?

It is a scary moment when you need to pay for school supplies or medicine, and a child support payment is not made. If this happens, it is a good idea to speak with your family law attorney as soon as possible. Your lawyer can determine if it is prudent to begin the process of income withholding through your former spouse’s employer.

If your former spouse is behind by an amount equal to one month of child support, the court can order garnishments, also known as income withholding. This process requires the employer of your former spouse to directly withhold and disperse monies owed for child support. Additionally, they may order up to fifty-percent of the next month’s child support to also be credited, until such time that the payments are caught up.

Be sure to speak to your divorce attorney before acting. Your attorney may be able to work out a payment plan outside of the courts. With a signed agreement you and your former spouse can come to an equitable agreement. However, should your lawyer be unable to broker a repayment plan, you do have options within the court system. At this point, your attorney may request the court to directly acquire the due funds through your former spouse’s employer.

If you are not receiving child support funds on time contact your St. Louis family law attorney. They will walk you through the process of negotiating repayment, or directly withholding income through an employer. Your children are important, and an experienced attorney will work to ensure that they receive the support due to them.

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