Help! My Ex Won’t Pay Child Support!

Divorce can be tough, especially if one partner feels like they are getting the shaft. Trying to come up with a way to live comfortably in two separate locations on the same amount of money you’ve always had is definitely a challenge. Nevertheless, the non-custodial and/or higher earning individual does have a financial responsibility toward shared children.

How is an Amount Determined? 

In a divorce or paternity judgment, a court will issue a child support order, which is calculated based on a number of factors, including:

1. Each parents’ gross income;
2. Maintenance (alimony) payments;
3. How many children you have;
4. The cost of child care for a parent who is working;
5. Health insurance costs for children;
6. Child tax credits;
7. Any unusual medical or child care costs;
8. How much time is spent by children overnight at each parents’ home.

How Long Does Child Support Last? 

Obligations for child support last until the child marries, dies, enters active military duty, becomes self-supporting , or reaches the age of 18 and does not engage in further education. If the child pursues additional education or training, child support may continue until the age of 21.

What’s the Fight About? 

All of the calculations relating to child support are done using Form 14, which lays out the specifics of what needs to be included. If the amount is contested, either parent can request an administrative hearing or petition the court to modify the agreement in the event circumstances have significantly changed. In the event a parent does not comply with a court-ordered child support payment, there can be some pretty unpleasant consequences:

1. Wages could be garnished;
2. Tax refunds could be intercepted;
3. Liens could be filed against the parent’s car or home;
4. Credit bureaus could be notified;
5. Driver’s license could be revoked;
6. Worker’s Compensation or unemployment benefits could be withheld;
7. Professional licenses could be revoked;
8. Hunting/fishing licenses could be revoked;
9. They could be charged with criminal non-support;
10. If during any six months of a year has gone without payment, or $5,000 or more is owed in back child support, this could be a felony charge, which could mean a $5,000 fine and four years in state prison.

Can I Block Visitation for Non-Payment? 

Absolutely not! Visitation is a parent’s right, and is stated as much in the divorce agreement. Failing to allow a parent to spend time with the kids could harm your credibility with the court, could get you into legal trouble, and is really going against all the research that indicates that children benefit from a healthy relationship with both parents.

Resolving the Problem 

The dedicated Springfield family law attorneys at Courtney & Mills understand how frustrating a situation like this can be, and we are here to help. To discuss your options, schedule a confidential consultation in our Springfield office today.

Source:

courts.mo.gov/hosted/probono/child_support.htm#:~:text=If%20the%20non%2Dcustodial%20parent,also%20request%20an%20administrative%20hearing.