What is what to do when child support is not being paid?

When a child support order isn't being followed, it can be a very stressful situation. Here's a breakdown of what you can do:

• Document Everything: Keep a detailed record of missed payments. This includes dates, amounts owed, and any communication (or lack thereof) with the other parent regarding the unpaid support. This documentation is crucial for any legal action.

• Contact the Child Support Agency: Start by contacting your local or state child support enforcement agency. These agencies exist to help establish, modify, and enforce child support orders. They can often assist in locating the non-paying parent, establishing paternity if needed, and pursuing various enforcement methods. These methods could include wage garnishment, lien placement (on property or assets), interception of tax refunds, or even suspension of driver's or professional licenses.

• Send a Demand Letter: A formal demand letter, drafted by you or an attorney, can sometimes prompt the non-paying parent to start making payments. This letter should clearly outline the amount owed, the terms of the child support order, and the potential consequences of continued non-payment.

• Legal Action: If administrative enforcement isn't successful, you may need to pursue legal action. This could involve filing a motion for contempt of court. If the court finds the non-paying parent in contempt, it can impose penalties such as fines, jail time, or further enforcement measures.

• Modification of the Order: If the non-paying parent's financial circumstances have significantly changed (e.g., job loss, disability), they may be able to petition the court to modify the child support order. However, it is essential to remember that only a court can legally modify a child support order. The payments ordered will be due until a judge approves the change. You might also be able to request a modification of the order if your income or needs have changed.

• Consult with an Attorney: Child support laws can be complex, so seeking legal advice from a qualified attorney is always a good idea. An attorney can advise you on your specific rights and options, represent you in court, and help you navigate the legal process.

It is crucial to act promptly when child support payments are missed. The longer you wait, the more difficult it may be to recover the unpaid support.