Divorce Decree or Court Order for Child Support
If your divorce degree doesn't specify the terms of child support, you should obtain a court order for child support. The court order will specify the terms of the child support, as well as the terms of enforcement. Talk to your family lawyer about how to apply for a child support court order, or check with your state's child support services agency for help ' find your state's child services website below.
Having a court order is the first step, but it doesn't always ensure payment. If the other parent is not making child support payments as ordered, you should start by sending him or her a Demand for Child Support Payment letter. It's best to request the payment in writing because it documents your attempt at resolving the matter.
In some situations, the Demand for Child Support Payment will motivate the other party to pay the child support. If not, don't stop there. If the non-payer is employed, most states allow you to file an income withholding order without a lawyer. The order will demand that wages are garnished to pay delinquent child support directly from the other parent's income, unemployment payments, or tax refund. If the noncustodial parent doesn't have any income or you don't know where he or she is, you can either hire a lawyer or get in touch with your local child support services agency. The state agency will have resources to help locate non-payers and can take measures to collect payments, such as revoking the non-payers driver's license or booting his or her car. Although going through child support services yourself is a low cost way to collect child support, hiring a lawyer can often get faster results.
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State Departments of Child Support Services
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.