Enforcing Child Support Orders – Legal Options For Parents

The purpose of child support is to ensure that children receive the financial assistance they need after a divorce. This support can be ordered in many ways, including through a written agreement between the parties and a court order.

A judge can make a child support order that is based on the amount of income earned by each parent and the number of children the parent is responsible for supporting. These amounts can vary, depending on a range of factors, including the needs of the children and the non-custodial parent’s ability to pay.

If a child support order is not being paid by the non-custodial parent, you can file an enforcement action with the local Child Support Enforcement unit. The CSE unit can take a variety of actions, including taking the non-custodial parent’s income and sending it to the Support Collection Unit (SCU).

Your Ex Has Been Wrongfully Withholding Support

If you have been making a child support payment and your co-parent has stopped paying, you can ask a judge to enforce the order. This can be done by filing a petition with the court asking it to hold your co-parent in contempt of court and enforce the agreement.

You can also request the CSE unit to garnish your ex-spouse’s wages and pay the money to you through a process known as wage garnishment. This is a common way of collecting back payments, but can be difficult and expensive.

The CSEU can provide a list of resources to help you collect your back support. It can also help you find a reputable Miami divorce & family lawyer to assist you in enforcing your order.

Resolving Delays in a Child Support Order

Sometimes, a delay in child support payments is unavoidable. It may be that the custodial parent has lost their job or has a medical issue that affects their income. This is a good time for you to talk to your Miami child support attorney and work out a plan to adjust the order.

If you and your ex have agreed to a change in the child support amount, it is important to seek a modification from the court. A judge can only change the child support amount if you can prove that there has been a significant change in circumstances that requires a different payment amount.

Changing the Child Support Amount Over the Other’s Opposition

The other parent can object to your request for a child support modification, but it’s best to try to resolve this with your ex first. Explaining to your ex that you need a change in the support amount because you are no longer working a full-time job or because of a medical emergency can help you get a more favorable outcome from the judge.

However, the court can only approve a child support modification if it has been approved by the original order and formally filed in the court. You must let the other parent know that you have filed for a modification in advance of the court hearing, so they can prepare for the hearing and give the court information about their reasons for not agreeing to the change.