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What Can I Do If My Spouse Refuses To Pay Child Support What Are The Options If Child Support Is Not Paid On Time Or In Full

Is your former spouse giving you a headache for not paying his or her share in the child support? Are you tired of convincing the other party to comply with his or her obligation to your kids? Whether the child support has been ordered by the court or agreed in a separation agreement, there are several remedies that you can take to enforce your ex-husband or ex-wife’s liability for the support and maintenance of your children.

If there is a contract between you and the other party with respect to the payment of the child support, you can file an action for breach of contract. Through this action, you can demand not only for the unpaid amounts but also for the related reasonable costs arising from the adverse party’s failure. However, if the obligation for child support is embodied in a court order, then your ex partner may be subjected to the contempt powers of the court.

When it comes to the enforcement of child support, you may avail of other remedies such as requesting for the seizure of the real and personal properties of the liable parent, for posting of the necessary bonds or counter-bonds, for the assignment of wages, for garnishment of properties in possession of third persons or for the interception of income tax refunds to which your ex is entitled to.

Aside from the civil remedies, you may also opt to file a criminal charge against the non-complying party. Under our penal statutes, a parent may be held criminally liable for neglecting or abandoning a child. The failure to pay for the child support can be considered as an act of neglect of abandonment. 

Nonetheless, it is still important that you establish your claims and present the necessary evidence to discharge the burden of proof. Take note that in criminal cases, what is required is not mere preponderance of evidence but proof beyond reasonable doubt.

During the process of enforcing the child support order or contract, it is highly recommended that you hire the services of a legal counsel. It is important that a lawyer be at your side as you avail of the various remedies under the law. The services of a lawyer will come in handy especially in instances wherein you cannot understand the rules and regulations pertaining to the payment of the child support.

For representation contact:

Attorney Nikole Messerschmidt

2810 Crossroads Dr #3100

Madison, WI 53718

(608) 888-2765

http://www.nikolemesserschmidt.com/