Once a man and wife get separated, the divorce procedure doesn’t end there. If a child (or children) is involved, both the parents, irrespective of their relation, need to take care of his or her emotional and financial needs even after getting separated. There are situations where both parents are liable to pay for child support and in other cases where the child is the responsibility of only the mother, she has the right to claim maintenance from the father of the child.
However, maintenance can only be claimed till the child is financially dependent on his or her parents. You can only receive the child support payments till he or she is studying and has not yet qualified for making a living.
Have you thought about the steps that you may take if you suddenly find out that your ex-spouse is not making his child support payments on time? Before you rush to a family law attorney in Delaware, read this article.
What to do when your ex-spouse isn’t paying child support
The states are obliged to have the strictest laws in place that surround the collection and enforcement of child support payments. There are several mechanisms that the court can impose when a parent doesn’t pay the child support payments.
What are the orders of child support?
If enforcement action has to be initiated, it is important to have an official order in place. The court should have ordered a child support award. A parent has to file a petition where she requests child support payments from the other parent who is her ex-spouse. A hearing will be scheduled to ensure whether or not the child support should be ordered and if yes, in what amount. A paternity test may also be conducted to establish his biological relationship with the child.
What child support help can you get?
The custodial parents of a child may receive child support from either the child support enforcement office or the district attorney’s office. On the other hand, a parent can also ask for help from a private family law attorney as well.
What are the consequences of not paying child support?
The consequences usually depend on state laws. While some states have harsh laws, some have lenient ones. Nevertheless, in the most critical of consequences, the parent who has stopped paying child support may end up behind the bars. This can happen when the parent willingly decides to stop paying or becomes delinquent by a specific amount.
There’s a program known as the Deadbeat Parents Punishment Act that punishes parents who move across country lines in order to avoid making child support payments. These parents ultimately face criminal charges with chances of 2 years of imprisonment.
To say the least, child support consequences can get dire. Be upfront about the difficulties that you face. Have a talk with your ex-spouse and let her know what issues you’re going through. If you still don’t find a solution, get help from a family law attorney.
