So, Your Ex Won't Pay Child And Spousal Support – Now What?
One of the many agreements common in divorce proceedings is that one spouse will pay child support or spousal support for so many years moving forward following the separation. While this may be agreed upon at the time of the divorce, life can get in the way and make it difficult for that person to pay. Your ex-spouse might need to make a reduced payment or even stop payments for a period of time due to an injury, illness, or lay-off. Or, your ex may just be refusing to pay for some reason. Whatever the case may be, if your ex-spouse isn't paying the support that he or she is legally required to, what do you do? Here are three potential solutions:
1. Sign A Private Arrangement.
If you have determined that your ex-spouse honestly can't afford the support payments for whatever reason at this given time, you may want to consider drafting and signing a personal and private contract with him or her. This agreement would either reduce or suspend the support payment or frequency of payments. This agreement should only last until they get back up on their feet at which time full support payments in terms of amount and frequency should once again be made. When entering into a private agreement like this, it is crucial that you make it very clear to your ex-spouse that court proceedings will be the result if payments are not resumed when possible.
2. Consider Giving Mediation A Whirl.
If you do not feel that a private agreement is formal enough, you may want to try mediation. This type of process allows open communication with a "referee" to work out any spousal support or child support issues that you are experiencing. It is much more economical than court and often less antagonistic. It also provides more flexibility and far more options than remedies that could be ordered by the court. After all, in meditation, you are ultimately in charge of the final say-so.
3. Give In And Head To Court.
Whether the above two options haven't worked or you believe your ex-spouse is merely attempting to rid himself or herself of the legal obligation of paying support, you may need to consider going the route that you don't want to: court. A court can aid in determining the best possible way to enforce support orders and ensure that you get the money that you are owed. One of the most popular ways of doing this is by wage garnishment, which means that the child or spousal support payment is taken directly from your ex-spouse's check each pay period.
If you need help with any of the above or want more advice about child and spousal support, contact a professional like those at Karp Law Offices.