A child support order is a legally binding court order that requires one parent to pay the other for the purpose of supporting their child. Payment frequencies depend on each case; however, they must be completed on or before the designated date. If the paying party refuses to pay or stops making these payments, you can take legal action to enforce payments.
Filing an Action for Unpaid Child Support
If the paying party is not upholding the order, the receiving party must contact the child support office in their county through the Department of Revenue. This government office can usually get the delinquent parent to pay outstanding fees and can file for a hearing (if they are unable to get the payment).
Initially, this matter is seen by hearing officers rather than a judge, but these officers give recommendations to a judge regarding how they should rule over a case. To begin this legal process, the Department of Revenue files a Motion for Contempt. The hearing officer will decide whether the paying party deliberately failed to make their payment.
If the paying party deliberately failed to make their payment, they could:
- have their driver’s license or vehicle registration suspended;
- pay a fine;
- have their bank accounts seized;
- have their tax refund seized; and/or
- face time in jail or prison.
Can I Enforce Child Support if the Paying Party Moves Out of State?
According to the Uniform Interstate Family Support Act (UIFSA), a parent responsible for child support payments cannot move out of state to avoid these payments. This means that if either party moves to any state in the US, the child support order is still legally valid.
Helping You Enforce Legal Actions
If you are having issues getting child support payments from your former partner, Beatriz Zyne, P.A. can help. Our attorney will aggressively pursue all payments owed to you.
For a case evaluation, contact our firm online or call us at (305) 876-6138.