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What to Do When They Stop Paying Child Support

CSupport15

If your co-parent stops paying child support that was court ordered, there are several steps to take to ensure you receive the support you need to provide for your child.  In many circumstances, a good starting point might be to reach out to your former partner and let them know you have not received the child support yet.  Sometimes, there could be a good reason for why the payment was not received, so you want to first give the other parent an opportunity to fix the issue, if any.

The key here is that this notifies them that you have noticed a problem that needs to be solved – but it is not accusatory, anger-ridden, or obviously offensive. Angry communications will generally simply escalate a situation – not solve a problem. Angry communications also are bad optics in court.  You must assume that everything you write to the other parent will be viewed by a judge.  This helps parents to stay mindful about their communications and adjust tone.

If you have contacted your former spouse and were not satisfied with their response, or you attempted to reach out to them and they did not respond, review the terms of your child support order. What are the specifics of the support to be provided? In what way is your former partner not meeting their obligations?

By understanding what you are owed and the mechanisms by which you are supposed to receive the support, you will be able to pursue the support that you and your child are due. If you do not have a court order in place, speak with an attorney who can help you get a child support order in place. A formal order is the best way to hold the paying parent accountable.

Many penalties exist for those not meeting their support obligations, including:

  • Freezing bank accounts
  • Re-routing tax refunds
  • Withholding wages
  • Potential criminal ramifications

Parents should not feel hopeless or helpless in the face of not receiving necessary child support payments. There are legal avenues you can take.

Cardwell Steigerwald Young, LLP

At Cardwell Steigerwald Young, LLP, our San Francisco child support attorneys have helped parents navigate through many iterations of child support non-compliance. Maybe your former partner lost their job, or maybe they are purposefully, knowingly withholding support without reason. Whatever the circumstances may be, our experienced team can help you take the next steps as you move forward.

Source:

selfhelp.courts.ca.gov/child-support/pay

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