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What recourse is available if the payor parent fails to pay child support?

  • By: Andrew Merlo
  • Published: October 15, 2018

If you are not receiving your child support payment from the other parent then you have the right to take them back to court to enforce that payment. It is every parent’s duty to support their children financially, whether or not they are actually seeing the child or not. There are many remedies available to you to enforce the payment. If you can show that the other side has the ability to pay and is voluntarily choosing not to pay then you can seek to have the judge hold that party in contempt of court even up to incarceration as a possible remedy. You can seek to have the non-payors driver’s license suspended. You can seek garnishment of wages directly from his employer. If the employer does not comply, the employer can also be responsible for the payment.

The child support arrearage will not go away, it cannot be discharged in bankruptcy, and it is subject to additional attorney’s fee. Not only are you entitled to collect the child support you are owed, you are also entitled to reimbursement of all your reasonable attorney’s fees incurred in pursuing that child support.

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