Regardless of whether two parents are married or not, each has a legal obligation to provide for their child. This means providing adequate financial support to ensure that their child has food and clothing and that their medical care and other expenses are covered. When a marriage ends, this obligation does not go away. A child support order is a key factor in a divorce agreement and is enforceable by law.
Unfortunately, just because both parties are able to come to an agreement to finalize a divorce, that doesn’t necessarily mean that they will uphold their end of the bargain. There are many cases where one parent fails to pay child support, leaving the other to raise the child without proper financial assistance. If you are the receiving parent, what can you do in this situation? If your ex-spouse or the other parent is ignoring their obligation to provide court-ordered child support, the family court can help.
Enforcement of Child Support Orders
The Child Support Enforcement Act of 1984 enables district attorneys to help you recover child support from an ex-spouse or parent who refuses to pay. The district attorney often serves the other party with papers that have instructions to meet him or her to set up a payment arrangement. These papers typically say that if the other party fails to follow the instructions, jail time could be imposed. However, this can also be somewhat counter-productive, which is why it is considered a last resort.
The district attorney can impose other ways to recover payments, such as:
- Wage garnishments
- Seize property
- Withhold federal tax refunds and using these funds to pay child support
- Suspend the delinquent payer’s driver’s license
- Suspend a business license
Can I Take My Ex to Court for Failing to Pay Child Support?
If you expect the other party to fight you in court, or try to underestimate his or her earnings, you must collect all the documentation you can to prove his or her income. This includes pay stubs, bank statements, tax returns, and any records which prove income and sales. In addition, collect proof of any vacations, costly purchases, and items which demonstrate the other party’s ability to afford child support.
Consult a Columbus Divorce Attorney at Grossman Law Offices
If you have questions about enforcement of child support orders in Ohio, please do not hesitate to contact Grossman Law Offices to request a consultation. With more than 40 years of combined experience handling all types of child support matters, we can help you understand your options for how best to move forward. We want to help ensure that you and your child receive what you are owed.
Contact us online or call our office at (614) 344-4311.