If your former spouse was ordered to pay child support after a divorce, collecting it can present special issues. An Austin child support lawyer can explain the wide variety of legal options available to you.
As your Austin child support lawyer can explain, when a child support order is signed by the judge, it becomes a legally enforceable document. In the event the payor fails or refuses to pay the money owed to you, there are steps that you, the payee, can take to go after the money.
The most desirable collection tool for a payee spouse is the income withholding order. If signed along with the support order, this allows the child support to come directly out of the payor spouse’s pay check each week or month.
If an income withholding order was not entered, you may then pursue garnishment of your ex-spouse’s wages separately. The issue here is that, if he or she does not earn a traditional paycheck – that is, paid in cash or “under the table” – a garnishment may not be appropriate. Your attorney can discuss options such as garnishing your ex-spouse’s bank accounts.
If wage garnishment or income withholding is not viable in your case, an Austin child support lawyer can discuss other more aggressive tactics. Remember, child support is a legally enforceable court order. As such, if your ex-spouse does not comply with it, he or she may be subject to contempt of court. If the court finds the payor in contempt, they may be assessed additional fines and costs or even face jail time. In some states, the judge may also revoke the payor spouse’s driver’s license until the support payments are brought up to date.
When he or she calculates child support, a judge must comply with laws, guidelines and formulas that are specific to the state that has jurisdiction over the case. Your Austin child support lawyer can help predict the amount of child support that you will receive or pay by using a computer program that shows this calculation.
If you feel your support order does not accurately reflect the payor’s current income, speak to an Austin child support attorney. Support can be reviewed and a new order may be appropriate. Your ex-spouse should always report income increases or other changes, but there are times when this doesn’t happen.
An Austin child support lawyer can review your case and help you decide on the best options for pursuing back due support. To make an appointment for an initial consultation, call the offices of Nunis & Associates at (512) 236-9696.