Divorce is never a comfortable or easy subject to tell to children, nor are custody problems. Once the dust settles and the arrangements have been accommodated as best they can on both sides, children should always have access to the non-custodial parent, and the custodial parent should allow that, without bitterness, whenever possible. Otherwise, it is not fair, for the emotional health of the children if they do not.
However, it can be difficult to do so as time passes, especially if the former does not provide the child support they agreed to offer each month. But, someone has to be the adult, and we will show them how they can look for child support in the hope of keeping them as civilized as possible for the sake of the children.
During the initial divorce settlement
During your divorce, your lawyer or the child support lawyer designated by your family’s court should have filed the judicial remedies seeking child support for your ex, if they were not going to give it otherwise. Even if there was a previous agreement between the two of you, it is advisable to issue an order that establishes the exact amount that will be paid each month, as well as the rights of either spouse to submit the changes. By having everything in writing, if your ex-bail and you stop paying the payments, you have proof that you will have to file a claim through the child support enforcement agencies.
During the divorce, once the financial records were filed, the family court would have made the estimated child support, estimated against the current and future income of the non-custodial parent, as well as the level of income established by their parents. Own means and declared what the monthly child support payment should be. If your ex-does not meet the requirements, you can take this document to your child support attorney, who will then file a case with the Department of Revenue, the agency responsible for handling Florida’s child support actions.
Ways to collect what you owe
The most important thing to keep in mind is that you and your lawyer will do everything possible to provide collection agencies with all the information they need to get what they are owed. It is up to them to seek all the legal means necessary to raise those funds, although it has proven difficult to collect effectively, especially if your ex is deviating from your path so that it is impossible to trace them. You may be surprised to learn how creative an ex-spouse can be to avoid making their monthly payments. The range ranges from active work out of state, so that their income is nonexistent, to working under false names or creating an erratic employment record.
The first level of collection is to garnish your paychecks if they have a registered employer. This means that they have the right to withhold payment from their ex until the backup is caught, for as long as necessary. Of course, the common reprisal is to give up that job, because no job means no payment. The next level is financial encumbrances against property, the deletion of bank accounts and tax refunds. However, they can get cash from them. After that, the ex is looking at the time in jail, the suspension of his driver’s license and the forced promise of a bond that guarantees that the arrears will be paid.
If the State can not, the feds can
The final seizure of child support is done at the federal level and is only used when your lawyer and child support services cannot find your ex or your income. Once you reach this level, as long as paternity is registered and income records can be found, your ex will be subject to prosecution under federal family protection laws at this time. Some laws cover the collection in each state; it may take time to collect all the money that is owed.
Feel free to contact us with questions and to set up an appointment for a consultation at (954) 696-7228
