What Can I Do if My Ex Stops Paying Child Support?

 Posted on November 13,2023 in Family Law

When a couple with children gets a divorce, many issues will need to be resolved. A major issue is child support. The court will decide that one parent will need to make regular payments to the other parent to aid with child-raising costs, including food, clothing, medical costs, school, and many more. If you are the parent with the majority of parental responsibilities, you will likely depend on these child support payments to make sure you can cover all the expenses you are responsible for now that you are no longer married. If your co-parent suddenly stops making these payments, it can be extremely stressful and you may be worried about how you will make ends meet. There is hope for you, however, with legal procedures in place for exactly this type of situation. An experienced Arlington Heights, IL child support attorney will be able to explain the procedures to you and get started on the path of protecting your rights.

Is It Possible for Me to Recover Child Support?

If you are divorced and want the legal authorities to enforce your ex’s payment of child support, you need to make sure that your child support order is enforceable. If you do not have one in writing but instead made a verbal agreement, you will need to make sure to change this.

The Illinois Department of Children and Famly Services can issue an order that will require one parent to make child support payments to the other parent. The other parent could ignore this, but with an official order in place, you will be in a better position to appeal to the court for help.

If you do have a written child support order, the next step is for you to think about whether the amount of child support your ex has not paid is enough to justify legal action. If your spouse has been late or missed a payment once or twice, as infuriating as that may be, this would likely not be enough for a court to do much about it. On the other hand, if it is something that is happening way more often, and affecting your life with your children, this would be a reasonable case to bring to the court.

If you have a legally binding child support order, your ex has failed to fulfill their obligations numerous times, and the court determines that there has been a breach of your agreement, there are several ways your ex can be compelled to make their payments, including:

• Wage garnishment, where the court legally withholds their salary until child support is paid

• Tax refund interception, meaning your ex will not receive any tax refunds they are entitled to and will receive an explanation from the Financial Management Service about why.

• Professional license implications, meaning your ex’s professional license can be suspended or revoked.

• Your ex can be considered in contempt of court.

Contact an Arlington Heights, IL Divorce Lawyer

If you depend on child support payments and your ex has simply stopped paying them, there are steps you can take to ensure they pay you what you are owed. An experienced Arlington Heights, IL child support attorney can explain what is involved and advocate passionately on your behalf. Please call A. Traub & Associates at 847-749-4182 today to get started.