What happens when your ex can’t afford child support?

Some parents going through a divorce may feel the amount of child support they have to pay is too overwhelming. Although divorcees generally agree on matters of child support, some may struggle a bit with their finances. They are unable to fulfill their obligations as stated in the agreement and fail to make the required payments. It’s important that you reach a formal compromise about your child’s future with your ex-spouse and protect the rights of your children by establishing child support with an experienced Salt Lake City child support attorney.

Order

The amount of child support children receive is based on both parents’ income and what the child needs. The parent spending less time with the child is generally the one that covers most of the expenses. Although money can not replace a parent, it can cover the high costs of raising children. However, an agreement needs to be formalized otherwise the “custodial parent” won’t be able to claim his or her child’s child support. This agreement needs to be incorporated before the court collects money from a “deadbeat” or delinquent parent. These are the terms used for parents who do not support their children financially. After the order is formalized and issued, the parent providing child support needs to obey it otherwise the custodial parent will have to enforce it.

Enforcement

Child support is a legal obligation. When a parent falls behind on support payments, an enforcement action needs to be filed in the court where the custodial parent will request for the other parent to make payments as it was required of him or her. Although custodial parents can do this by themselves, hiring a divorce attorney is often the best way to handle these types of claims. Judges will either fine or send the delinquent parent to jail for disobeying a court order. Sometimes the delinquent parent is required to pay a portion of the amount owed otherwise he or she can not be released from jail.

When the state gets involved

In the state of Utah, there is an enforcement division called Office of Recovery Services offering services related to child support to parents. They can get in contact with other states when parents move away, take money from the delinquent parent’s bank account and suspend their driver’s license, report overdue payments, among other things. The ORS is required by both federal and state law to provide these services.

Contact a Salt Lake City divorce attorney

If your ex-spouse is falling behind on child support payments or perhaps you want to formally establish child support, contact a Salt Lake City divorce attorney today. There are many guidelines used to determine child support in Utah, which you may not be familiar with. This is why legal representation is often required. It does not matter what divorce legal issues you are struggling with, we are here for you.