How to Make the Father Pay Child Support
Nonpayment of child support is a serious matter. If the father of your child fails to pay the support ordered by the court, the order can be enforced. Unfortunately, you will need to return to court to obtain an enforcement order, but a Child Support Lawyer in College Station will work with you and fight for your rights. The following explains the basic procedure for filing.
Dealing with the Excuses
Given the difficult financial climate, a father may find himself in a situation where he is unable to pay the full child support for a period of time. If the father has heretofore been cooperative it may be useful to discuss the situation and arrive at a mutually acceptable arrangement. However, be careful of making such decisions without the legal backing of the court.
Many fathers play a kind of delay game where they seem willing to cooperate but always have an excuse for not paying the full support amount. It is important that you don't acquiesce. One late payment with a good explanation is one thing, but continued late payments or failure to pay should be regarded as a shirking of responsibility and should be dealt with accordingly.
Enforcing the Support Order
Your Child Support Lawyer in College Station will prepare the necessary documentation and file motions within the necessary time. You will need to assist at different times in the process, however. Your first task will be to compile a schedule of all payments missed, delayed, or partially paid. Include due dates, the amount due, and the amount paid and when. If you do not have this information, the Office of the Attorney General's Child Support Office has a register of all payments made. You can access this information on the Internet.
Once you have given this information to your attorney he will calculate the amount paid and subtract it from the amount that was due. The result is the arrearage—the amount you are seeking to recoup.
Your attorney will then prepare a motion to enforce child support and file it with the court clerk. A hearing date will be set, and the father will be served with notice of the motion and order to appear. You will need to accompany your lawyer to the hearing. If the father fails to appear, the judge might sign the enforcement order provided she is given proof that he was served with notice of the hearing.
Depending on the level of cooperation of the father, the judge may enforce the order by garnishing wages. The father may even be held in contempt of court.
If You Are Owed Child Custody Payments
If the father of your child is not paying child support, it is important that you take action to protect yours and your child's rights. After all, ultimately it is the child who suffers most when a father does not pay. Call a Child Support Lawyer in College Station today to discuss your case at Peterson Law Group: 979-703-7014.