My Ex-Spouse Has Stopped Paying Child Support

If you are the primary-residential parent in Tennessee, you are usually owed child support payments from the non-residential parent. These child support payments should be ordered by a court and are not voluntary or flexible. This means that once the court order is in place, if the non-residential parent has stopped making child support payments or has failed to start making them in the first place, the parent is violating the court order and usually can be held responsible for such. If your ex-spouse has stopped paying child support, you may feel helpless, but you do have legal options available to you. Follow these steps to help you get the payment to which you are entitled.

• Talk to your ex-spouse. Feel free to do this over text or email so that you have a record of the conversation. Tell them that the payment is due and ask why there is a delay. You do not have to feel bad about asking, as there is a court order for this money. If they say that there is just a minor delay, there may not be any need to take further legal action. However, if they ignore your message or say that they will not be making the payment, further action will likely be necessary.

• Wait 45-90 days. Usually, you cannot get results through the court before at least 45-90 days have passed, and the check could still be in the mail. This is another reason why it’s best if you are able to work it out with your ex, however, if the ex is not willing to pay, you will have to act further.

• Petition for contempt and collection. Hire an experienced Tennessee divorce or family law attorney to petition the court for contempt and collection. This will require your ex-spouse to go to court and be held accountable for their lack of payment. Depending on the circumstances, the court may order them to spend time in jail. However, there are other available remedies, too. For instance, if your ex-spouse has a job and money to pay the child support and is simply choosing not to, a wage assignment order can be entered so that the child support payments will be automatically deducted from your ex-spouse’s paychecks, to ensure that you receive the necessary payments. If there is an issue with regard to your ex’s ability to pay, your ex-spouse may request that the court reduce the amount of the child support payment so that they are able to pay it. Your ex-spouse will likely have to provide proof of their income, and if the income is less than they have been making or should be able to make, the issue of under-employment can be reviewed. You can also contest these issues. For most people, going to court is the most effective option because action is usually taken one way or another. If you are interested to learn more about what options may be available, and whether you would be able to garnish your ex-spouse’s wages in order to get your child support payments, you can contact your local child support office for free help or contact an experienced Tennessee divorce or family law attorney and schedule a consultation.

Contact Judy A. Oxford, Attorney at Law in Tennessee

If your ex-spouse has stopped paying child support in Tennessee, you have the right to hire a lawyer who is a dedicated advocate on your side and who will fight to try to make sure that your children get the money that they are entitled to. Contact Judy A. Oxford, Attorney at Law, today, to schedule a one-on-one consultation for your case in middle Tennessee.