What can you do if your ex owes you child support and won’t pay it back? There are definitely options available to you.
Some things you might want to consider include:
- Going to court to ask to have your ex’s wages garnished. This is well within Utah state law and ORS policy.
- Ask the court for a motion of contempt against your ex. If one is issued, the threat of jail time for contempt may be enough to get them to pay what they owe.
- Request your attorney to file a motion with the court on your behalf to demand your ex pay the child support. Your ex will have to come to court and explain their financial circumstances to the judge to avoid having a warrant issued for them.
- Be proactive. If your ex is refusing to pay, it is up to you to take action. You will need to go to court to ask for a demand for payment, or payment plan. First, your ex must be shown to be willfully not paying. This means the court must prove your ex knows about the obligation, is able to pay, and is willfully refusing to do so. If willfulness can be proven, your ex will be ordered to pay the arrearage, either all at once or on a payment plan, or face jail time.
Experienced back child support attorney David Pedrazas can help you take the steps that are needed in order to get the child support you are owed.
Frequently Asked Questions About Exes Not Paying Back Child Support
- Your spouse gives the court a good explanation for the delinquency and a satisfactory arrangement is made to resolve the arrearage.
- The court may find the party in contempt, which carries up to a $1,000 fine and 30 days of jail time, or the court may enter a judgment for the total amount of back child support owed. If the party has a history that warrants it, criminal nonsupport may be charged, which is usually ranked as a class A misdemeanor, which carries up to $2,500 in fines and a year in jail. In more extreme cases of nonpayment or a record of similar instances, a third-degree felony charge may be brought, which carries up to $5,000 in fines and 5 years in jail.
Contact Family Law Attorney David Pedrazas Today
Do you need help collecting child support arrears from your ex? Contact the Law Office of David Pedrazas in Salt Lake City, Utah. David Pedrazas has more than fifteen years of experience in family law and has handled hundreds of cases just like yours. He knows what to do to give you the best chance of getting your ex to pay you the money your ex owes you.
Contact the law office of David Pedrazas today for a legal case review, and get your ex to pay.