Ithaca, NY- Many New York divorce settlements involve child support to ensure a couple’s child or children don’t see a slip in their standard of living. But not all people follow the dictates of their divorce settlement and some parents fail to make child support payments as the law requires. Have you found yourself in that situation? Do you know what to do if your ex-husband or ex-wife doesn’t?
Fortunately, if you are not receiving child support as required, you have a course of action that can be explained by a child custody lawyer in Ithaca, New York. They will explain what you need to do to make your spouse pay child support and what should be done if they refuse. USAttorneys can match you with expert legal counsel.
The first thing you need to is to find out why the child support payment was missed. Your ex may have a legitimate reason to get behind like an injury or a job loss. In such cases, it might be a good idea to give them the time they need get past their financial problems without involving New York’s divorce court.
If your former spouse’s financial problems persist, they might consider petitioning the courts to reduce the amount of their support payments. But they must be able to show that they experienced a long-term drop in income or suffered an adverse event that affects their earning potential such as a medical condition.
If your ex-wife or husband does not have a legitimate reason for missing child support payments, you need to file a petition for contempt which lets the court know that your ex is not complying with your divorce settlement. That filing set the collection process in motion and is often enough to encourage your ex to get current and stay current with their payments.
When the threat of legal action does not work, the state will begin collections efforts. Wage garnishment is one of the primary means a state utilizes to get a deadbeat parent to make child support payments. If an ex-spouse or partner tries to avoid wage garnishment by quitting their jobs, for example, New York’s family court can have that parent sent to jail for a work release program. That’s an extreme measure, but it is an effective one.
You should contact a divorce lawyer in Ithaca, New York if you are not receiving child support. They will explain your options. Let USAttorneys connect you with an experienced lawyer who can help you get the support you and your children need. Set up a consultation today and the assistance of a professional.