Child Support

What if My Ex-spouse or Partner Refuses to Pay for Child Support?

Martin Mohr
March 21, 2022

When you divorce your spouse, the divorce order may require a noncustodial parent to pay child support to the custodial parent. Child support can help the custodial parent cover costs associated with paying for their children's housing, education, and health needs. However, sometimes the paying parent may fail or refuse to pay the child support owed.

There are several legal options that parents can use to enforce a child support order. If your efforts to connect with your ex about child support are unsuccessful, New York child support lawyers from New York Family Law Group are ready to help.

Contempt Proceedings

One of the best ways to resolve issues with child support is filing for contempt complaints. With the help of an attorney, you can draft a motion to hold your partner or ex in contempt of court. The court will decide whether your ex-spouse is in contempt during the contempt proceeding.

If it is the first time, the judge may order your ex-spouse to pay the outstanding amount, including a penalty. However, if the court ascertains that they have repeatedly refused to pay, they could end up going to jail.

Contempt of court is an offense that may result in losing visitation or custody rights provided in the divorce order. These proceedings may also allow you to file for a modification proceeding that allows you to make alterations to the divorce order.

Withholding Income

You also have the right to petition the court to withhold the paying parent’s income. The court may ask your partner or ex's employer to transfer a certain percentage of their wages to you. This way, you will be sure to receive child support every time your former spouse gets their paycheck. However, it's worth noting that this option is only effective if your former spouse is employed.

Writ of Execution

If your former spouse is not employed, you might have to consider filing for a writ of execution. A New York child support lawyer can help you ascertain whether filing for a writ of execution is a suitable option. The writ of execution allows the court to seize your ex-spouse's assets like bank account and stock holdings. Most judges will only approve a writ of execution if your former spouse owes a substantial amount of child support payments.

Reach out to a New York Child Support Lawyer Today

The law requires all parents to offer financial assistance to their children. If your former spouse fails or refuses to pay for child support, you have the right to file for contempt proceedings, writ of execution, and motion proceedings. Hiring an attorney allows you to determine the best option to manage the situation.

If you are owed child support and have failed to collect missing payments on your own, we are ready to help. Contact us today to schedule an initial case evaluation.