Divorce can be incredibly messy, especially if there are children involved. When you’ve gone through all the legal hoops, finally reached an agreement on the divorce terms, divide everything equitably, and sign the paperwork, most people breathe a sigh of relief and think they’re done with all the stress.
But sometimes you’ve ended one stressful phase only to begin another.
If you and your ex spouse have agreed that you’ll take primary custody of the children and he or she will be responsible for paying a certain amount in child support, you both will sign on the dotted line on all the necessary paperwork with the expectation that each person will hold up his or her end of the deal.
Unfortunately, sometimes it’s not that simple.
Perhaps weeks and then even months go by and… you realize that you haven’t received a check in a long time.
The bills are getting tight and you and the children are forced to start eating rice and beans for dinner a couple of times a week… then you hear yourself telling them to drink more water and less milk so your grocery bill will be a little lighter.
This isn’t how it was supposed to go!
Your ex was supposed to help take care of the children, at least financially.
The good news is that there are legal options available for people whose ex spouses aren’t paying the child support they agreed to during a divorce.
At Kendall Gkikas & Mitchell, we would be happy to discuss your particular situation with you at a time that’s convenient for you, and discuss your specific legal options. Here are some possibilities that are available in most cases if child support payments haven’t been made for more than 6 months:
- A court motion may be filed for enforcement of the child support payment section of the former couple’s divorce terms.
- If the ex still doesn’t pay, law enforcement can employ various methods to persuade him or her to do so—suspending their driver’s license, garnishing wages from their paycheck, withholding tax refunds, and in extreme cases, even throwing the person in jail.
Common question: what about if the ex doesn’t use his visitation rights? Can I prevent him from visiting with the children if he doesn’t pay child support? The short answer is no—withholding visitation is called custodial interference. Only the court can decide whether visitation should stop if he hasn’t paid. If you want to change the divorce terms, it’s important to hire Kendall Gkikas & Mitchell, a qualified brother-sister team of attorneys who will tenaciously fight for you.
Kendall Gkikas & Mitchell provides clients with a full range of services, including legal counseling and representation. It’s great to know at least know what your options are when child support isn’t being paid, and then determine your course of action. We’re happy to answer any and all questions you may have about your divorce and child support situation.
To schedule an initial consultation today, simply call 909-482-1422 or email info@parents4children.com.
