Typically, the court will determine the child amount necessary for one parent to pay the other until his or her child reaches a certain age. However, this amount is set based on specific guidelines, such as the best interests of the child, each parent’s income, and the necessity of the custodial parent to pay for certain costs, such as healthcare, for the child.
However, the parent paying child support may suddenly stop paying. This cease of payments could be because the parent experienced a sudden financial loss, such as being fired, or it could be because of a reluctance to part with the money. Whatever the reason, unless a parent received a modification to the child support amount, he or she is legally obligated to pay child support.
If this happens to you, what you can do is contact the Department of Revenue (DOR). The can ask the state where the parent lives, works, or owns property to enforce the child support order. Once the DOR has made a request, if the other parent is out of state, that state will use the enforcement measures available there to collect your support. It is a crime to fail to pay child support.
Despite the fact your ex is committing a crime, he or she has resources to modify the child support amount if he or she experienced a recent significant life change. This modification is entirely legal but must be done to avoid wage garnishment and criminal charges. Likewise, you do not have the right to refuse your ex visitation or custody rights. Just as child support is a court-ordered amount, parents have a right to see their children unless they’ve been explicitly ordered by the court to stay away (such as in cases of child abuse).
If you have questions regarding the legality or illegality of your ex refusing to pay child support, let us take a look at your case. Our skilled Bristol County family law attorneys are dedicated to helping families get through their most difficult times. Whether you need help making a modification to child support or you need help asking the DOR for help collecting child support, we can assist. Let Percy Law Group, PC take the case. We are proud of our track record of excellent legal advice and personal service.
Contact us at (508) 206-9900 or fill out our online form to get started on your case today.