When a Child Support order is issued, it is generally expected that the parent who is paying will make those payments on time and in full. There is often grumbling that accompanies it, but what happens when the parent threatens to stop paying or the do stop paying? Should you go back to court, you already have an order they aren’t following.
Where can you turn? If your agreement was not formalized, then you will want to file a motion and head too court. If your agreement was a formal court order you will still want to head back to court. But in both cases you will want to ask for a wage assignment. This means that the burden of payment will shift from the parent to the parent’s employer.
Now that the employer must make sure that support money is withheld from each check in most cases your circumstances will improve substantially. In the rare case where the employer is friendly with the other parent you may still see problems. Well, you have recourse there too. As it turns out, if Child Support is not paid from payroll deduction, the employer is held personally responsible for any unpaid amounts.
That’s right. They are held accountable for any unpaid support and the burden becomes theirs. This will normally squash the friendship enough to make sure you get paid. After all, they were trying to help a buddy from being in a bad spot but they aren’t willing to trade those places. There is one more step to complete this process.
After you have your order in hand, you can head over to your jurisdictions equivalent of Child Support Services and open a case. They need an order in hand and for you to fill out some paperwork. It may take 4-6 weeks for them to open the case, but they will take the lead in getting your wage assignment completed.
Now those vague threats of the ex not paying Child Support will become a distant memory. You can worry about other issues that need your attention and stop worrying about the control the ex is trying to impose
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