How can I get my ex-husband to pay child support?

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: 04/07/2025
State: National

Answer:

If your divorce decree does not specify child support, you need to obtain a court order for it. This court order will outline the payment terms and enforcement methods. You can seek help from a lawyer or your local child support services agency to apply for this court order.

Having a court order does not guarantee payment. If your ex-husband fails to make payments, you can send him a written Demand for Child Support Payment. If he still does not pay, you can request an income withholding order, which allows for wage garnishment to collect overdue child support directly from his income, unemployment benefits, or tax refunds.

If your ex-husband has no income or cannot be found, a lawyer or child support services can assist in locating him and enforcing payment. They may take actions such as revoking his driver's license or booting his car. While using a child support services agency is often more affordable, hiring a lawyer may yield quicker 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.

FAQs

Is it better to pay child support or alimony?

Child support and alimony serve different purposes. Child support is intended to cover the costs of raising children, while alimony is financial support for a spouse after divorce. Whether one is better than the other depends on individual circumstances, including the needs of the children and the financial situation of both parents. It's important to consult with a legal professional to understand your obligations and rights regarding both child support and alimony.

What is the minimum a father has to pay for child support?

The minimum amount of child support varies by state and is often determined by guidelines that consider the income of both parents and the needs of the child. Many states have a formula that calculates the minimum support based on these factors. To get an accurate figure, you should check your state's child support guidelines or consult with a family law attorney.

What are the rules for child support in Missouri?

In Missouri, child support is calculated using a formula based on the combined income of both parents and the number of children. The state provides guidelines to determine the appropriate amount. Additionally, child support payments can cover expenses such as healthcare and education. If you need to establish or modify child support, it's advisable to seek assistance from a family law attorney or your local child support enforcement agency.

Does my ex-husband's new wife have rights to my child?

Your ex-husband's new wife does not have legal rights to your child unless she adopts them. However, she may have a role in their life if your ex-husband has custody. It's important to maintain clear boundaries regarding parental rights and responsibilities. If you have concerns about your child's well-being, consider discussing them with a family law attorney.

Do you automatically pay child support after divorce?

Child support is not automatically paid after divorce unless specified in the divorce decree. If the decree does not mention child support, you must seek a court order to establish it. This order will outline the payment terms and obligations. It's essential to address child support during the divorce process to ensure the financial needs of the child are met.

What is the lowest amount of child support?

The lowest amount of child support varies by state and is typically determined by guidelines that consider the parents' income and the child's needs. Some states have minimum thresholds to ensure that children receive adequate support. To determine the lowest possible amount in your situation, consult your state's child support guidelines or a family law attorney.