Traditionally, when you’re the primary custodial parent, you’re often entitled to receive child support from the non-custodial parent. The purpose of child support payments is to help support the child. Child support is for the benefit of the minor child. Receiving child support payments can make a huge difference in the life your child is able to live. But what if you are not receiving those payments? When your ex stops paying child support, what can you do?
Consult Your Attorney
The very first thing you should do if you stop receiving child support payments is to contact your Utah family law attorney. They should be familiar with Utah’s child support laws, so they’ll be able to give you advice as to how to proceed. They may help you review your child support order. That order is what requires your ex to pay child support. Without it, there is no requirement. Reviewing the order is what will inform you of what exactly it is you’re owed, at which point you can move forward towards trying to recover the back owed child support. Your attorney will likely advise you to file a Motion to Enforce to obtain a judgment for the back-owed child support. Because you have been left with no other option but to involve the court to receive the child support you are owed, an experienced family law attorney will fight for attorney’s fees to be awarded to you.
Reopen Your Case
Once you have met with your attorney and have figured out the amount of child support you are owed, it’s time to reopen your case. Again, your attorney will likely want to file a Motion to Enforce, formally known as an Order to Show Cause, requesting that the court find the party refusing to pay child support in contempt of court for their refusal to comply with a court order and award the receiving party a judgment for the back-owed amount. The next step will be a court date so that the court can hear your Motion and make a decision. A decision that hopefully results in you obtaining a judgment for not only the back-owed child support but also a portion of your attorney’s fees.
Go to Court
Ideally, the Judge will order your ex to make the requisite payments by a specified date or, more likely than not, enter a judgment against the opposing party for the outstanding amount.
The purpose of an Enforcement hearing is to bring your ex into compliance with the court order and receive a judgment for the outstanding amount. The goal is you’re your ex wants to avoid going to court again and makes payments timely and regularly moving forward. The last thing your ex wants to do is possibly pay both you and your attorney again!
Are you having a hard time getting the child support you’re owed? The Utah family law attorneys at LJ Law can help! Contact us to get the trusted advocacy and help you deserve.
