When a Court issues a child support Order during a divorce or other proceeding, that Order becomes binding on both parents. The parent who the Court orders to pay support to the other parent cannot pay less one month or skip paying another month altogether, even if their circumstances change. They need to meet their child support obligations every month.
If your child/ren’s co-parent has not met their regular payment obligations, a skilled Rochester child support enforcement lawyer may be able to help you get the legal help you need.
When a parent fails to pay their required support, the child/ren can suffer. Without adequate financial support from the noncustodial parent, the custodial parent may suffer a significant financial burden that can impact the family’s financial stability. The child/ren may not be able to continue living their lives in the same manner.
At a minimum level, they may need to stop participating in costly extracurricular activities. In more serious situations, the child/ren may need to switch schools if their tuition is too high. In the most extreme cases, families may have difficulty feeding their child/ren, paying rent or a mortgage, or paying their child/ren’s medical bills.
A compassionate Rochester attorney understands how dependent families are on child support. Our well-versed legal team can work diligently to help the family receive the support they need.
When a parent regularly or occasionally refuses to meet their child support obligations, the custodial parent has the option of bringing the matter before the Court. By filing a contempt of Court motion, the custodial parent can request the Court’s assistance in getting the delinquent parent to make their required payments. After filing a motion with the Court, a Rochester attorney may request a hearing in which they carefully demonstrate the need for Court enforcement of the child support Order by providing clear and convincing evidence of the lack of payment.
If a parent is able to convince the Court of the parent’s delinquency, the Court may help the parent collect their rightful payments. Depending on the delinquent parent’s job and financial situation, the Court has several options and ways in which they may help.
If the delinquent parent has a job and has the financial means to meet their support obligations, the Court may order a wage garnishment. The Court would automatically deduct the child support payments from the parent’s paycheck and send them directly to the parent supporting the child/ren. The Court may also intercept the delinquent parent’s tax refund and turn it over to the other parent.
The Court may order a lien on the delinquent parent’s home or business or legally seize their property.
If the delinquent parent does not have a job, but has the education and ability to get one, the Court may order them to search for a job that would enable them to pay child support.
If the delinquent parent has the means and repeatedly refuses to pay, they may face time in jail until they pay back what they owe. Our determined local legal team may be able to help you seek the legal relief you need.
Raising children is expensive. Parents who are no longer together depend on child support to help them raise their child/ren and pay for the things they need. When one parent refuses to pay their necessary support obligations, there can be serious consequences.
Fortunately, a skilled Rochester child support enforcement lawyer knows the necessary steps you may take to protect your legal rights and help your family. Meet with one of our seasoned attorneys at The Colwell Law Group, LLC as soon as possible.
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1241 Pittsford Victor Rd