My Ex Has Stopped Paying Child Support, What is My Recourse?
If you have begun the process of obtaining a Child Support Order or are working to finalize your divorce, you likely understand the time and effort required to navigate this situation. Once you have the order in place, it can be incredibly frustrating if the other party refuses to pay. This refusal not only adds to your stress but can also threaten your financial security. Having the right tools to help you manage this situation can assist you in staying calm throughout this complicated process.
What Not to Do
Even though you will likely be angry and frustrated, there are some actions you should not take in response to the other party’s failure to pay child support.
- Do Not Deny Visitation. It is essential to recognize that child support and visitation rights are two distinct legal matters. Even if your ex-partner is not fulfilling their child support obligations, you must not deny them their court-ordered visitation rights. Refusing visitation can jeopardize your legal standing and harm your child’s relationship with their other parent. Always prioritize your child’s well-being and adhere to court rulings.
- Do Not Confront Ex Directly. While it may be tempting to confront an ex-spouse directly or undertake extreme actions, it is essential to address the situation through appropriate legal and professional channels. Confrontational behaviors can escalate tensions and are unlikely to achieve the desired outcomes.
- Don’t Make Unofficial Agreements: To maintain the integrity and enforceability of a payment plan, any changes must be formally processed through the court system. This official procedure ensures that all parties involved are informed of and consent to the modifications, reducing the risk of misunderstandings. Informal or unofficial agreements may seem convenient; however, they lack legal standing and could lead to confusion or disputes in the future. It is crucial to follow the proper legal channels to maintain clarity and avoid potential conflicts down the line.
What to Do
While you will have to jump through a few extra hoops, getting your order enforced is typically not too strenuous.
First, review your child support order. Section 14 is the provision that defines whether your order shall be enforced through DCS or the Division of Child Support. If Section 14 indicates the payment method is through the Washington State Registry, then you only need to send DCS a copy of your order. If section 14 indicates private pay, move on to step two.
Next, you should contact DCS. You will have to sign up for their services and pay $25 per year for them to collect support on behalf of you. This link should point you in the right direction: https://www.dshs.wa.gov/esa/division-child-support/enroll-child-support-services. The advantage of using DCS for a collection is that everything is tracked, payment plans can be established if needed, and conflicts are often minimized.
Be aware that if you received benefits such as TANF (Temporary Assistance for Needy Families), DCS will use the child support collected to reimburse the government for the benefits you received. As a result, you may not receive child support for some time.
If anything about your support obligation is unclear or open to interpretation, you may need to hire an attorney and file a motion for contempt. A motion for contempt can require significant work and resources. Typically, this step only makes sense if DCS is unwilling or unable to enforce your order or you have a sizeable amount of back support you are seeking to enforce.
A motion for contempt is a powerful legal tool, particularly when combined with a motion for “clarification in the alternative.” If successful, the court can award attorney fees and implement measures to compel the opposing party to comply. In some cases, this motion can even result in the opposing party facing jail time until they begin to fulfill their obligations.
The Lawyers at Beresford Booth Are Worth Your Time
When choosing a lawyer, consider these factors and take the time to interview multiple candidates. Ask about their experience, fees, and approach to cases. Ask the best way to communicate with them. Trust your instincts and choose a lawyer who you feel both comfortable with and confident in.
Serving Washington Since 1946
Beresford Booth lawyers are experienced, dedicated professionals, prepared to answer your questions and guide you through the process based on your needs and goals. As a result of our experience, we provide you practical advice and set reasonable expectations for the process. Together, we develop and implement a case strategy based on your goals. Beresford Booth is a Primerus law firm. Primerus is an international society of top-rated independent law firms.
If you are navigating a similar situation, someone in our Family Law Group can help you achieve your intended results. To request a consultation, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
