Unquestionably, parents always contest on the issue of child support. Some parents believe they are being treated unfairly. If you wonder whether to put your spouse on child support, it’s better to first learn the factors that may affect your child support and hinder you from winning your case. Therefore, you may consider using San Diego child support services to understand what may affect your chances of getting child support payments.
When Your Spouse Fails To Pay Child Support Payments
Before any parent can claim their spouse has failed to pay child support, they must have a court-ordered document to prove the enforcement. There must be a child support order filed and thereby a petition to show the other parent’s request to pay. Besides, there must be an amount agreed by the court either during a hearing that depicts the amount to be paid. Most of the parents don’t realize that failure to pay child support is a federal crime. So, anyone who is seeking child support should not fear taking legal action on their spouse. The penalties for failure to pay child support may include:
- Jail term
- Imprisonment
- License restrictions
- Garnishment of tax refund
- Fines
If your spouse has failed to pay for child support, their payment status is in arrears. Regardless of whatever reason made them fail to pay the court-ordered child support, this will trigger a court investigation. Your spouse may be called up to explain when they will clear the arrears and how to continue making payments. However, there are reasons why your spouse may be unable to pay for child support. For instance, if they have lost their job or have an ailment that renders them incapable of working. In such a case, the payor must ensure to have a child support modification from the court.
Can My Ex-Spouse Continue Paying For The Child Support If I Live With Someone Else?
It doesn’t matter whether you have moved on with someone else; your ex-spouse is still obligated to support the children. It’s a crime in all states for one to fail to support children. In such a case, if legal action is taken, the defaulter may be on their way to spend some reasonable time in jail, have their wages grabbed, among other serious legal consequences. If your ex-spouse claims to have lost their job or have any other reason to avoid payments, there has to be a change. In the case where changes are to be made, they should obtain court approval.
A Family Lawyer Can Help
Child support payment cases are not easy, especially where one has been married again. Remember that the court will only intervene in your child support if there was a laid out rule on how payments will be made. If your spouse has failed to pay for child support, they may be required to attend to a court hearing to explain why. To get a solution for your case, you may consider having an experienced family lawyer offer guidance on what to do.