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What Can I Do If My Ex Won’t Pay Child Support?

In 2017, the U.S. Department of Health and Human Services reported that an estimated $10 billion in child support goes unpaid each year. That is about 15 million children without monetary support from their non-custodial parent, or 1 in 5 kids.

Parents struggling with their ex-spouse over court-ordered child support have a few legal options.

Child Support Enforcement and Paternity Establishment Program (CSE)

Since 1975, the U.S. Congress has been using the CSE to help parents collect the child support payments owed to their families. With this program, a designated state authority coordinates with the program’s national headquarters to find the parents responsible for these payments and enforce them.

In North Carolina, the Department of Health and Human Services is responsible for enforcing child support. Known as the Child Support Service (CSS), this branch of the government works directly with parents seeking support to help collect what is owed.

CSS will help obtain child support through several processes, which include:

  • withholding income (wages, Social Security, unemployment, workers’ compensation, or veterans’ compensation);
  • reporting to a credit bureau;
  • placing liens on property;
  • garnishing state and federal refunds;
  • garnishing lottery winnings;
  • suspending government issue licenses;
  • denying a passport;
  • filing a contempt of court action; and/or
  • issuing a bench warrant.

Contempt of Court

While CSS is a wonderful resource for parents looking to resolve child support enforcement issues, it has its drawbacks. CSS is a government agency, which means it could be slower to collect than some parents may like. For this reason, parents can seek the help of a contempt and enforcement attorney.

  1. An attorney with experience in this area can generally obtain faster results than CSS. They usually go about it by pursuing a few different avenues in court:Filing a judgment motion: This asks a court to enter a judgment against the non-paying parent for the complete amount of child support owed.
  2. Requesting an order for wage garnishment: This instructs the non-paying parent’s employer to take a specific amount of money out of their paycheck and send it to the custodial parent directly or through CSS.
  3. Requesting a writ of execution: This allows local law enforcement to seize some assets from the non-paying parent. The assets can then be sold and the proceeds will act as partial payment for any child support owed.
  4. Filing a contempt motion: This will ask the court to place the non-paying parent under contempt of court. An action such as this could lead to jail time if the non-paying parent continues to refuse payment.

Our Attorney Is on Your Side

While attempting to collect payments from a non-paying parent may seem challenging, the help of a qualified attorney can greatly reduce the stress. Krusch Law, PLLC aggressively fights for our clients’ best interests. Our attorney will not stop until you receive the full child support payment you are owed.

Call our firm today at (704) 343-8811 or contact us online for a legal consultation.