Full question:
I recently divorced my husband of seven years. We have a son together, aged 5 years old. I started requesting my ex-husband to pay $500 monthly for child support for our son. He is not listening to my requests and is yet to pay any child support. Our divorce decree does not specify any child support. I would like to know how I can get my ex-husband to pay child support.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: National
Answer:
If a divorce decree does not specify the terms for child support, then a court order for child support should be obtained. Further, the court order will specify the terms of the child support, as well as the terms of enforcement. A lawyer or the child support services agency may be able to help in applying for a child support court order.Having a child support court order does not necessarily ensure payment by the ex-spouse. If the ex-spouse is not making the child support payments as ordered, a Demand for Child Support Payment letter in writing should be sent to the ex-spouse. If the ex-spouse still defaults on the child support payments, an income withholding order may be obtained. An income withholding order will demand that wages are garnished to pay delinquent child support directly from the ex-spouse’s income, unemployment payments, or tax refund.
If the ex-spouse does not have an income or could not be located, a lawyer or the child support services agency can be used to help locate the non-payer and take measures to collect payments, such as revoking the non-payer’s driver's license or booting their car. Although, using a child support services agency is the cheaper option, hiring a lawyer can get faster results.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.