Gilbert, AZ- When a couple with children divorces, their divorce settlement often involves child support, so that their child or children don’t suffer financially or see a dramatic decline in their standard of living. But sometimes the spouse ordered to pay child support refuses to or simply fails to make child support payments as dictated by their divorce settlement. If you find yourself in that situation, you likely have a list of question like: What can I do to get my ex-husband or wife pay?
If you are not receiving child support as dictated by your divorce decree, there are steps you can take to ensure they meet their obligations. When you are in this predicament, USAttorneys recommends you speak with a child custody lawyer in Gilbert to explain what you can do to get your ex to make their child support payments
First, you need to find out why they missed the payment. They might have a legitimate reason such as job loss, an emergency or a dramatic drop income and it might be a good idea to work with them and give them the opportunity to get on better financial footing.
If your ex-husband or ex-wife have long-lasting financial problems, they can petition the family court to reduce their support payments. They must be able to demonstrate that they experienced a drop in income and show they don’t have the means to make the payments and need a reduction of support. That may affect you as well, so you need to get expert advice.
When your former spouse doesn’t have a legitimate reason for missing a child support payment, you can take steps to force them into honoring their divorce agreement. First contact an attorney for their help in filing a petition for contempt, which notifies the court that your ex is not complying with your divorce agreement. That petition sets in motion collection efforts by the state and is typically the impetus your ex-spouse needs to the get back on track with their payments.
The Arizona Department of Economic Security will begin collection efforts if your spouse still refuses to pay. Wage garnishments are usually the first enforcement effort. Should they try to dodge wage garnishment by quitting their job or taking work where they are paid under the table, the family court can sentence them to jail until they become current. While that seems like an extreme measure, but it is necessary in some cases.
If you are having trouble getting your former spouse to pay child support and you live in Gilbert, Arizona, contact the Zachary Law Group at 480-389-3533 and set up a case evaluation. Their team of skilled child custody and support lawyers will take the necessary steps to ensure you get the financial support you and your children need.