How do i get child support from my ex

Ex Not Paying Child Support? Here's What You Can Do

Florida family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially.

And they can even end up in Jail.

Below we go over the steps you need to take when your ex won’t pay child support or alimony.

What To Do When Your Ex Won’t Pay Child Support

Make Sure You Have A Child Support Order

The first step to making your ex pay support is to have an order signed by a Judge that requires payment to the custodial parent.

Until you have an order, you don’t have a requirement.

Without a requirement to pay, you are simply hoping for the good graces of your ex. And that is no way to live.

Have an order? Good. Now go back and review the child support orders to make sure that it is indeed child support or alimony that is ordered, and that unpaid child support is past due.

Assuming payment is past due and you, therefore, have an ex that is violating a judicial order, it’s time to gather evidence to prove your point.

Gather Records That Prove Non-Payment.

Now you want to gather the proof that your ex is failing to pay. This is usually easy to do as your ex should be paying by check or money order, transfer to a bank account, an income withholding order, or depositing money with the State of Florida.

If your ex pays by check or money order, you will want to go online and pull records from your bank that show that the child support payment has not been deposited into your account.

You can do this by pulling bank records for the time period in question. Deposits for most banks are listed at the top of each monthly statement, and a quick review of records can prove that payment was not made.

If needed, don’t be afraid to pull cancelled checks. Remember, your goal should be to get your ex to pay child support now and, with any luck, pay in the future. Before you go see a lawyer, you want to make sure you have gathered exactly what the lawyer needs.

Ask The Court For The Child Support Enforcement Order Or Hold Your Ex In Contempt Of Court.

Now it is time to ask the Court to enforce child support and possibly hold your ex in contempt of court.

Often this is done through a family law attorney. But whether you go it alone or with a lawyer’s help, you are going to be filing a pleading with the clerk of the court to re-open your closed case.

As a technical matter, you can make these requests with a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both cases, you are asking the Court to use its powers to fix the problem.

A Motion for Enforcement is the nicest option. Your remedy is straightforward — you want the problem fixed and you want your ex to comply with the Court’s directives.

In a Motion for Contempt, you are taking it up a notch. You are asking the Court to not only make your ex comply, but also hold your ex in contempt. The purpose of contempt is to compel compliance with a court order or compensate you because your ex is not doing what he or she is supposed to do.

You can even request the Court put your ex in jail if he or she does not pay the amount required.

An Order to Show Cause is the same idea, but the request comes from the Court instead of from you. You ask the Court to issue an Order to Show Cause, and the Court signs the order, commanding your ex to come to Court and “Show Cause” regarding why he or she is thumbing his or her nose at the court.

Once a motion is filed, you need to get it to your ex. This can be done by traditional service of process with a process server, but it is not necessary.

Finally, you will call the Judge and get available dates and times to present your case to him or her.

At the hearing, you present evidence to the Judge proving your case. Your attorney has the ability not only to give legal advice, but also to cross-examine your ex and ask him or her questions related to the failure to pay child support or alimony.

If everything goes well, the Judge should then order your spouse to comply. The Judge will often order the ex to pay X amount of money within Y amount of time.

To really drive home the point, the Judge could order that a warrant be issued for the arrest of your ex if payment is not made by a certain date.

Also, the Judge has the ability to order your ex to pay a fine and attorney’s fees to you for having to hire a lawyer to fix the problem.

Sometimes your ex learns his or her lesson, and the problem never happens again.

But sometimes it is clear that this is going to be an ongoing problem. Below are some ways to fix the problem so it does not happen again.

Ask For An Income Withholding Order.

If your ex won’t pay his child support or alimony, just cut him out as the middleman and get the money from his employer through an income withholding order.

An income withholding order is an approved method to automatically require an employer to deduct a certain amount on a monthly basis from your ex’s pay before the paycheck goes out.

You are taking money “off of the top” in much the same way as health insurance or 401(k) deductions.

This can be done with a simple order executed by the Judge directing the employer to withhold the money. The process often takes four to six weeks to complete.

Garnish Your Ex’s Wages.

Similar to an income withholding order, you can request a garnishment of your ex’s wages or other money such as bank accounts. Unlike an income withholding order, a garnishment is available only for future payments and not past due payments. However, you can garnish money from a bank account.

For example, consider the situation where your ex is selling a condo. The proceedings will be deposited into your ex’s bank account. A court can order that the money owed is withdrawn from your ex’s bank account and deposited into your bank account when the condominium sells.

The state can also intercept your ex’s tax refund.

Ask For The Sale Of Pre-Existing Assets.

In certain circumstances you can request the Court order your ex to liquefy assets in order to pay the alimony and/or child support award.

Ask For A Lien On Property.

What if your ex has money in real property and money is not available to garnish? You can ask the Court to put a lien on the property. This way, the property cannot be sold and will not have a “clear title” until the debt is repaid. This is another option for when your ex not paying child support.

Likewise if your ex has a rental property, you can ask the court to order that rental proceeds be paid to you directly from the tenant.

Ask To Put Your Ex In Jail Until He Or She Pays The Money.

The home run remedy to the problem is to ask that your ex be thrown into jail unless and until payment is made. This is often the swiftest but most extreme remedy to get payment.

Defenses To Making Payments

Of course there are certain defenses your ex may have that might preclude the remedies above. For example:

Inability to Pay: You can’t squeeze blood from a rock. If your ex really cannot pay because he or she is unemployed and doesn’t have any assets, this can be a defense. Economic misfortune that is not self-imposed is an absolute defense to contempt. What matters is whether the inability to pay is willful.

If your former spouse is in a situation that he or she just can’t pay even with the best intentions, then the court will not hold your ex in contempt.

Of course, this does not mean the obligation just goes away. The obligation continues unless your spouse gets the original order modified.

However, it does keep the Court from sending your ex to jail.

Child Living With Your Ex

What if the child is no longer living with you, but is living with your ex full-time? This is and can be a defense for your ex against any child maintenance obligation.

Deficiencies In The Order

A technical defense to contempt exists when there is deficiency in the legal order. An order that is too indefinite, overbroad, or does not define when payment should be made may need to be fixed before making a motion for contempt.

Generally, the order to pay must have a specific time and place by which the payment must be made in order to avoid contempt. Otherwise, a motion for enforcement or clarification is needed.

Nobody likes a deadbeat parent.

Contact Denmon Pearlman for legal advice specific to your case. We will work on your team to help you claim alimony and child support payments.

Getting Your Spouse to Pay Child Support

Get tips for collecting child support payments when one parent fails to meet support obligations.

What Are Child Support Arrears?

Parents who fall behind on child support begin accruing "arrearages," and your payment status then becomes "in arrears," which may trigger a court investigation. Regardless of the reason, if you're not paying court-ordered child support, you'll probably get a notice in the mail asking you to appear in front of the judge to explain why you're not paying.

Sometimes you can bypass a conversation with the judge by calling your caseworker to explain the situation and to plan on how you'll pay what's past-due. Some courts require parents to pay arrearages in full, but others allow parents to make installment payments on the arrearages in addition to the court-ordered payments.

If the arrearages are significant, you could lose your driver's and other professional licenses, and the state could garnish your tax refund, or you could go to jail.

How to Enforce a Child Support Order

The Child Support Enforcement Act of 1984 requires district or state's attorneys to help custodial parents collect child support from non-paying parents. Sometimes, the district attorney will issue a letter to the noncustodial parent requesting a hearing to arrange a payment schedule. If your ex-spouse ignores the hearing request, it could result in a jail sentence.

If you aren't receiving child support, you can request assistance from your local child support enforcement agency, which may do any of the following to collect past-due support:

intercept your ex-spouse's federal tax refund
issue a garnishment request to your ex-spouse's employer
seize property, or
revoke your ex-spouse's professional or driver's licenses.

As a last resort, the court that issued the child support order can hold your ex in contempt, which requires that parent to attend a court hearing and provide a reasonable explanation for non-payment. If the judge isn't satisfied with the reasoning, or if the parent refuses to attend, the court may impose a jail term. Judges may hesitate to use contempt power because it's generally better to keep the parent out of jail so that parents can continue earning income and paying support.

The UIFSA allows the custodial parent to bring an enforcement action in either the state where the child support order originated or the state where the noncustodial parent lives. If you're having trouble getting your court-ordered child support payments, contact a family law attorney to begin the process of enforcement through your local court.

Punishments for Not Paying Child Support

Failing to pay child support is a state and federal crime with no state boundaries, so if you're considering ignoring your child support order, you may want to reconsider. The penalties for non-payment of child support vary in each state but generally include license restrictions, fines, and jail or prison.

Child Support FAQs

My ex-husband moved out of state. How can I force him to continue to make child support payments?

The best first step is to determine your ex-husband's home address. If you need assistance finding your ex, you can hire a private investigator. You can also contact your local Office of Child Support Services (also known as Department of Child Support Services) and request assistance using the agency's parent locator service. Fortunately, state child support agencies have access to parents' new hire data, unemployment insurance, criminal records, and driving records. Once you find your ex-husband, you can begin the process of enforcing your current child support order.

All 50 states have adopted the Uniform Interstate Family Support Act (UIFSA), which helps custodial parents establish, modify, and enforce child support orders across state lines. The Act makes it difficult for a child support payor to ignore a state's order just because that parent moved to a new location—all states must enforce a child support order, regardless of where the court order originated.

If you know where your ex-spouse is employed, you can ask the court to send a child support garnishment request to the employer. The UIFSA requires employers to honor the garnishment request, regardless of the state that issued the garnishment.

Will the court excuse me from the child support debt I accumulated while I was temporarily out of work?

Most states don't allow you to modify child support retroactively. If the child support payor becomes unemployed or otherwise unable to meet a child support obligation, that payor can request a child support modification with the court. However, if the judge grants your request and reduces your support amount, it will only change your future child support obligation. If a noncustodial parent's income decreases or stops, that parent needs to apply for a child support modification immediately to avoid arrearages.

For information related to resources, unemployment, and child support during the COVID-19 crisis, click here.

I just filed for bankruptcy. Can I discharge my child support arrearages?

No. Bankruptcy laws prohibit courts from discharging any child support arrearages in a parent's bankruptcy proceeding. The only way to eliminate child support arrearages is for the parent to pay the debt in full.

My spouse and I separated one year ago. Can I file for child support now and get an order that covers the last year?

Probably not. Child support is not retroactive. Parents need to file for child support as soon as they separate and need assistance. Courts do not grant retroactive support beyond the date one parent filed a motion for child support.

My spouse oversees our household finances but barely provides enough to keep the cars running and buy food and clothes for the kids. Can I sue for child support?

Not unless you and your spouse have separated. Courts won't intervene in a family's lifestyle unless the children are being abused or neglected. If you're married and need additional support from your spouse, you may want to consider therapy to discuss your needs. If you decide to separate and live apart, you can request temporary child support from the court.

4 practical tips if your marriage is on the verge of a divorce maximum amount of alimony after divorce.

Alexandra EGOROVA

Disputes over child support is one of the most painful topics during divorce, which is not easy to go through. To keep a cool head when the family is collapsing, it is possible, frankly, few. Mutual accusations, curses, and often threats are used. Discussing money matters in such a situation is very problematic. To pull ourselves together and calm down, let's try to act on the points. There are a lot of myths about alimony among the people - but here's how you really need to act.

1. Try to negotiate with your ex-spouse

Yes, it is difficult, and sometimes very difficult. But this is the first step in the list of actions that will help you get more alimony in a divorce. As you know, according to the court, the approximate amount of alimony is calculated as follows: 25% of the spouse's salary for the maintenance of one child; 33% for two and 50% goes to alimony for three or more children (by the way, this formula has remained unchanged since 1936, when it was established).

Before submitting an application, try to sit down with your ex-husband at the negotiating table - perhaps in the end you will still be able to find a common language, and the amount of payments will exceed these notorious 25 percent (at the same time, according to the court, it can be reduced in a number cases). And don't just rely on words. The ex-husband swears that he will not leave an heir - excellent, go to the notary's office and conclude an agreement in which the amount of payments will be prescribed. If suddenly your story does not have a good ending, go to court with this document.

2. Do not give in to blackmail

Unfortunately, it also happens: a husband begins to blackmail a woman in the truest sense of the word. Like, agree to what I propose, and if you swing your rights, I’ll bring a certificate from work that I work as a janitor and receive a “minimum wage”, even if they calculate your alimony from it. This is not worth leading. Firstly, when assigning alimony, it is the total income (salary, fees, additional remuneration, earnings, etc.) that is taken into account, and not the official salary for the position. True, the presence of "gray" profit from a negligent spouse will have to be proved in court. How to do it? You can, for example, try to imagine the purchases he paid for recently, which could not be purchased with the declared "beggarly" salary. Arm yourself with evidence that your ex-spouse maintains a fairly high standard of living. In addition, do not forget that you can also collect alimony from property - apartments (if this is not the only housing), cars, etc.

3. Deal with income

And if there is no talk of intentional concealment of salary, but also a fixed monthly income, from which those same 25% could be written off, does the father of the child not have? Maybe he's a creative freelancer and lives on royalties from occasional projects that come and go. Then you should think about alimony in the form of a fixed amount. It is set regardless of the level of income (which in this case cannot be precisely determined), in proportion to the subsistence minimum in the country or region. There is also a minus - alimony can be very small, because, according to the law, it is necessary that the defendant himself should not be left without a livelihood. But you can prove in court that in marriage the father spent significant amounts on the child - for example, he paid for a private school. This will give grounds to demand more significant payments, only, of course, all expenses must be documented.

4. Learn your rights

A parent's financial contribution to a child's life is not limited to alimony once a month. For example, in the Family Code (Article 86) there is such a thing as “additional expenses for the maintenance of a child” - these are funds that are paid ABOVE child support. They can be demanded in an emergency - for example, if money is needed for serious treatment or the necessary rehabilitation of a disabled child. However, sometimes even utility payments for housing, the owner or one of the owners of which is a child (the latter is important), act as "additional costs". Everything here will depend on how competently the rationale is drawn up - why the actual alimony for the "communal" is not enough and in what amount more payments are needed.

You can also increase the amount of support already determined and paid. According to the law, this is theoretically possible in the event of a sharp decrease in the income of the parent with whom the child lives after a divorce (for example, the mother was fired from work), or, conversely, a serious increase in the income of the payer. But, again, you will have to substantiate your financial claims very competently. And also, alimony assigned in a fixed amount (not as a percentage of income) is subject to indexation - if its procedure is not established by the agreement concluded by the spouses, then it is carried out in proportion to the increase in the subsistence minimum.

Another important point is that alimony can also be demanded for an adopted child (art. 137 of the Family Code). The procedure for their determination and recovery will be exactly the same as in the case of native children.

STAY INFORMED!

How to apply for child support

If you can't agree on child support, you need to apply to the Magistrate's Court. What documents will be needed:

statement of claim;
child's birth certificate;
marriage and divorce certificate;
copy of passport;
certificate of family composition from the housing office at the place of residence of the evading parent;
photocopies of all documents, including the application.

If it is difficult to accurately determine the father's income, along with the application, you must provide an estimate of the funds that, in your opinion, will be required for the maintenance of the child and documentary justification for these expenses.

This is interesting

child support

How to get child support for a child from her ex -husband and why older parents sue their children

what to do, what to do, if the ex-husband does not pay alimony

In fact, evading the payment of alimony may well entail criminal liability (the maximum penalty is imprisonment for up to a year), if the debt is very high. As for the administration, it is possible to seize bank accounts or property of a defaulter, deprive him of his driver's license. In addition, the violator of the law may be restricted from traveling abroad. For late payments, a fine is also provided - 1/2% of the amount of debt for each day of delay.

And, by the way, such obligations do not have a statute of limitations - that is, you can demand money from the father of your child for his maintenance, even if the father appears ten years after the divorce (provided that you received a court order to collect alimony, when your common son or daughter was a minor).

But what to do if you have a court decision, but dad still refuses to pay? In this case, we go to the bailiff service with a statement about the need to start enforcement proceedings. Further, the bailiff can launch the measures mentioned above: arrest of accounts, travel restrictions, etc. It is important for the plaintiff himself not to yawn here - you need to constantly be in touch with the bailiff in charge of your case, provide additional information about the debtor's sources of income, if you have any. Nothing helps? Then it makes sense to re-apply to the court, you can demand the recovery of a penalty for alimony.

BY THE WAY

It doesn't matter whether you lived with the child's father in a formal marriage or for all the years of living together you never reached the registry office. It does not matter at all - according to the Family Code (Article 80), parents are obliged to support their minor children. The reverse situation is that in order to file for alimony, it is not at all necessary to be divorced. If a husband, for example, spends a significant part of his income on some "hobbies" (conditionally, he regularly loses in a casino), and the child gets a penny, you can demand payment in court.

Comments for the site Cackl e

until what age do they pay, how much percentage of income can they withhold, and what documents are needed to file for alimony

1. Who can apply for child support?

Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.

A child can count on alimony:

if he is under 18 years old and has not yet become fully capable by decision of the guardianship authority or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
if he is over 18 years of age but has been declared legally incompetent.

One of the spouses can count on alimony if:

he needs and is recognized Disabled adults who are entitled to alimony are considered disabled people of I, II, III groups and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age.0056
wife, including ex, is pregnant or less than three years have passed since the birth of a common child;
a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I;
ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances. marriage or within five years thereafter, and the spouses have been married for a long time.0056

Also, child support can be received by:

disabled parents who need help, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones;
incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive maintenance from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents;
social service organizations, educational, medical or similar organizations in which the child is kept can apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.

2.How to apply for child support?

If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at your place of residence:

to the justice of the peace, if the recovery of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested parties;
to the district court - in all other cases.

If one of the parents voluntarily pays child support without a notarized agreement, the court can still collect support from him in favor of the child.

You can file for child support at any time as long as you or the person you represent are eligible.

The plaintiff does not pay state duty for consideration of the case on recovery of alimony in court.

3. What documents are needed to apply for child support?

The child support claim must be accompanied by:

copies of it, one for the judge, the defendant, and each of the third parties involved;
documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution;
single housing document and income statements of all family members;
calculation of the amount you expect to receive as alimony. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
if the claim will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.

As a rule, maintenance is ordered from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.

4. What is the amount of alimony?

The court determines the amount of maintenance based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:

per child - a quarter of income;
for two children - a third of the income;
three or more children - half of the income.

These shares can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.

"> factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If children remain with each of the parents, the court determines the amount of alimony in favor of the less well-to-do of them.

In addition to the share income, the court may order child support or a portion of it in the form of a certain amount of money.As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.

Under exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses.

The amount of alimony is indexed in proportion to the growth of the subsistence minimum (for the population group to which the recipient belongs).

As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.

5. Who can not pay child support?

Parents are required to support their children after birth and until the age of 18, if the child does not marry earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.

"> emancipated.