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Family Law

How to Enforce a Child Support Enforcement Order – Strategy for Collecting Past Due Payments

There are many ways to enforce child support orders. The best way to collect past due payments depends on the specific circumstances of your case.

Establish a Payment Plan

The most effective method of collecting payments is to have the custodial parent and the non-custodial parent work together to create a payment plan that will be affordable and reasonable for both parties. This is particularly important in cases where one parent has a steady income and the other has a sporadic or unpredictable income.

Set up a payment schedule that will allow the person who is paying to make sure they pay regularly and on time. This can be done through a variety of different methods, including working with a good divorce & family lawyer in Miami to help make it easier to pay on time and in full.

Keep an Expense Book and Account

When you are paying your child support, it’s very important to keep accurate records of each payment. This will make it much easier to prove in court if the other parent does not pay as ordered.

It is also a good idea to keep an expense book and an account that lists all of your bills, as well as any deductibles or costs for things like healthcare and dental. This will also be helpful if you ever need to dispute the other parent’s claim that you owe them money.

Take a Wage Assignment/Wage Garnishment

In some states, you can apply for a wage assignment from the state to have the employer deduct the amount of child support owed directly from the paychecks of the non-paying parent. The non-paying parent will be given notice that the support order will be enforced by this means, and his employer will then automatically deduct the amount of child support and send it to the court or the custodial parent.

Use the Government’s Parent Locater Service

There are several resources available to locate the non-paying parent, including the Social Security Administration and the Internal Revenue Service. These agencies can help you find the name, address, and employment information of the person who is not making their support payments.

The government can also intercept tax refunds that are owed to the non-paying parent. This can be done either through a tax refund offset program or through the use of liens and attachments.

Request for Writ of Execution and Seizure of Assets

If the non-paying parent has property such as real estate, bank accounts, stock, or a paid-off car, the court may issue a writ of execution to seize it. This can be a very powerful tool to enforce child support orders, as it allows the courts to seize the assets of a non-paying parent without them having to go through the entire legal process of getting a judge to make that order.

The non-paying parent can be fined or jailed for failing to pay his child support obligations. However, this is only possible after a judge has issued a contempt of court order.