If your ex doesn’t keep up with their child support obligations, the law is on your side. However, that doesn’t necessarily mean securing back payments will be easy. If you’re wondering how to proceed, a family attorney can evaluate the situation to determine specific strategies for recovering the money you deserve. In the meantime, here are the answers to some frequent questions about collecting back payments. 

FAQ About Unpaid Child Support 

What should you do if a payment is late?

Generally speaking, taking legal action is a last resort. If there’s a chance your ex simply forgot to submit the payment on time, you have nothing to lose by reaching out and asking about it. If they fail to make the payment even after being reminded—or they’re constantly submitting it late—an attorney can help you establish a more reliable arrangement by requesting a wage assignment order. 

What’s a wage assignment order?

If a judge orders a wage assignment, the child support will come out of the noncustodial parent’s paycheck before they gain access to the funds. In such an arrangement, the employer is responsible for taking out the appropriate amount and sending it to the state before releasing the rest of the earnings to the employee. The state then sends the money directly to the custodial parent. 

Can you withhold visitation until your ex catches up on payments?

If you prevent your ex from seeing the kids, you could be found in contempt of court, regardless of whether or not they’ve violated the support order. Generally speaking, family law attorneys advise clients to follow the terms of their custody orders diligently. Unless your children’s health or safety is at risk, withholding visitation could have serious penalties. 

If your ex is laid off, will you still receive child support?

Noncustodial parents are responsible for making regular support payments regardless of their employment status. If they experience a significant change in circumstance, they may ask the court to review the arrangement and modify if accordingly; however, their obligations will not automatically reduce upon being laid off—or even declaring bankruptcy.

If your ex is behind on support payments, turn to Castles Family Law. Based in Brentwood, TN, this firm is proud to serve clients throughout Davidson, Rutherford, and Williamson counties. Because they focus solely on family law, they’re equipped to resolve even the most complicated disputes. In addition to child support, their areas of expertise include divorce, custody, guardianship, fathers’ rights, grandparents’ rights, and domestic violence. To schedule your initial consultation with an attorney, reach out on their website or call (615) 804-6086.