Even when married couples decide to pursue a divorce, those with children will still need to work together to co-parent. In addition to in-person guidance and attention, monetary support is also crucial to your child’s livelihood. If your ex has fallen behind on their payments, you may need to work with a family law expert to obtain the funds. Use the following answers to these frequently asked questions to learn more.

4 FAQ About Past-Due Child Support

What can I do to get my past-due child support?

If your spouse hasn’t been paying the court-ordered amount, you are entitled to work with a family law attorney to claim the money, thanks to the Child Support Enforcement Act of 1984. If you choose to move forward, the non-custodial parent will be served documents that demand they meet with the attorney to settle the past due amount.

What penalties do they face?

While the documents will threaten jail time for noncompliance, the government will use a number of other penalties before this. For example, your ex may not receive their income tax refund until they pay, or money may be taken straight from their paycheck and sent to you. In other cases, they may have property repossessed or their driver’s license revoked. If these penalties don’t change their behavior, they may be subject to a jail sentence.

What if they lost their job?

If the ex who is late on child support has recently been unemployed, they can petition the court to request smaller payments. However, they will still be responsible for their payments leading up to the petition’s approval. Your ex will also be required to actively pursue employment, so they can’t quit their job to avoid the payments.

What if they moved?

Just because your ex decides to leave the state doesn’t mean they are free from their court-ordered responsibilities. Your state government may still enforce child support as long as they haven’t become a resident of that new state, which usually occurs in six months. At that point, you can have the child support order forwarded to your ex’s new state.

If you’re tired of living without the child support payments you were promised, reach out to the Law Office of Carmen DiAmore-Siah in Honolulu, HI. This trusted attorney has attended to family law and immigration cases for over 20 years. Whether you’re hoping to get a green card or file for divorce, you can trust this multilingual office to meet your needs. To learn more about their capabilities, visit the website. You can also call (808) 531-2277 to request services in Japanese, Chinese, Filipino, Spanish, and other languages.