When someone has primary custody of their child, the child custody lawyer negotiates payments the ex is required to make. These child support payments ensure that the child’s needs are met, so when someone falls behind, it can cause a variety of problems. If you’re seeking legal advice for dealing with someone who isn’t paying, it’s helpful to understand the answers to these frequently asked questions.

What to Know About Past-Due Child Support Payment

Are there any penalties for late payments?

After the attorney negotiates the terms of the child support, the payments are typically due on the first of each month. If 30 days pass and the payment still hasn’t been made, the amount starts to accrue interest. In Nebraska, the interest rate is 3.599%, and this amount is added to the total due.

Can I still collect child support if my ex lives in another state?

The support payments negotiated by the child custody lawyer and judge need to be paid regardless of where the parent lives. Even if the court-ordered payer moves to another state, child support services will ensure you get payments in one of two ways. Either they contact the parent’s employer with a notice to withhold income, or they ask the other state to collect the payments.

Are there options if my ex doesn’t pay?

The Child Support Enforcement Act of 1984 ensures that you receive the payments. If your ex fails to pay, the district attorney serves them papers requiring them to meet to figure out payment options.

If they still refuse, your ex’s tax refunds can be withheld to pay you, their wages can be reduced, and their property can be seized until they catch up on payments.

What does it mean if my ex is “in arrears”?

When the payer falls behind on payments, they are said to be “in arrears.” When that happens, your ex can ask the judge to reduce the monthly payment amount.

However, this reduction only applies to any future payments after the judgment is made. Your ex must still pay the full amount that is past due to remain compliant to the child support agreement.

 

If you have an ex who is failing to pay child support, contact the child custody lawyers at Payne Law Office in Lincoln, NE. As one of the premier family law offices in the area, their team has helped residents navigate the confusing world of child support payments. Their family law attorneys will work with you to ensure you’re getting the full payments your child deserves. Call (402) 477-7246 to schedule a consultation.