Can I Find My Ex-Spouse in Contempt for Not Paying Child Support
Can I find my ex-husband in contempt for not paying child support that was ordered in the divorce? Child support is ordered by a court to be paid to one spouse from another spouse as a result of a divorce. Child support is supposed to be paid on time every week or every two weeks until the child turns 19 in Alabama. If the paying party does pay the child support, then they are in direct violation of the court order. Once the party stops paying, you will have a few options in order to force the ex-spouse to pay you. One way is to consult a local divorce attorney in Birmingham and see if they can get a judge to enforce child support payments.
There are a number of reasons why child support goes unpaid, and this is the basis of a lot of arguments post-divorce. Many times, the party simply refuses to pay child support even though they have the ability to pay it. In this case, you have more options. One of the more common ways to collect unpaid child support is by withholding money from the party’s income. This can be done through a court order where the state can garnish their wages in order to make up for the unpaid amount. This is easily enforceable in Alabama because the state law requires that every child support order includes an income withholding order.
Generally speaking, you may begin to enforce child support payments once it has not been paid for over 30 days. Another way that child support can be enforced is through reporting the parent to the credit bureau which will affect the parents credit score. In Alabama you can also have your license suspended for nonpayment of child support. The state may withhold the parents’ income tax refund in order to pay back the child support. One of the more serious steps that can be taken in order to enforce child support is to hold the parent in civil contempt, meaning that they have not done what the court has ordered them to do.
You may also request that a parent be held in contempt if they are over 30 days late on their payments, they had been ordered to pay in a Shelby County uncontested divorce or other domestic relations matter. Then the parent must be contacted and show up in court for the hearing. Once you are able to show that the parent has not paid child support, the judge will hold the parent in contempt, and they may even face jail time.
In sum, yes you may hold your ex-husband in contempt for not paying child support that was ordered in the divorce. You may try other forms of enforcement, but if they are not successful you may request from the court that your ex-husband be held in contempt for not paying child support. If you are owed child support, you should consult an experienced divorce attorney in Montgomery to ensure that you receive payment.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!
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