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I haven’t received child support in months. What can I do?

October 21st, 2013 by Laura Parker

Picture this – a parent comes into our office and says that their ex-spouse hasn’t paid their child support obligation in months.  The bills are piling up, the kids need new winter jackets, and the one who is supposed to be making child support payments has given nothing but excuses.  What do they do?  Are there ways to ensure that child support is paid?

 

First you have to determine how your child support obligation was created – did you and your spouse sign a separation agreement, or do you have a court order?  If you have a separation agreement in place, this is considered a personal contract between you and your ex-spouse.  If your ex-spouse is not living up to the obligations they agreed to in your separation agreement, then your remedy would be to sue them for breach of contract.

 

What if you have a court order for child support?  Then your options are a little more extensive.  Once an order is in place, then the court has the power to hold the person who isn’t paying in contempt.  If the court finds that the non-paying parent has not paid their child support obligation, then the court can order the paying parent to agree to have their employer do an “assignment of wages” – meaning that the employer would automatically send the child support payment to the receiving parent out of the paying parent’s salary.   The court can also place a lien on the paying parent’s property, have the paying parent’s driver’s license or professional license revoked, or – in extreme cases – even have the paying parent arrested.

 

North Carolina takes a parent’s child support obligation very seriously.  If your ex-wife or ex-husband has not been paying their child support, our attorneys are here to help.  If you would like to discuss your options, please call us at 919.846.8807 to speak with one of our attorneys.  We work hard to provide you with experience, professionalism , and knowledge when you need it most.

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North Carolina Board Certified Specialist in Family Law

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Frye Law Offices, PA is the private practice of Katherine A. Frye, a Board Certified Family Law Specialist. Since 2001, Katherine's practice has focused on all areas of family law, including separation, divorce, child custody and visitation, child support, postseparation support, alimony, and property distribution. We can provide you with an estimate cost and timeline to resolve the issues in your situation.