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When a Parent Is in Default |
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You've gotten a terrific deal from either a judge or a negotiated settlement agreement. But you have a problem: Your former spouse won't pay. |
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What to do? Each state has its own enforcement procedures, so it's best to consult with an attorney about how to enforce your award. In some states, all you or your attorney need do is notify your former spouse that you intend to have his or her wages garnished and then proceed by filing the required notice with his or her employer. |
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Garnishment means that the child support will go directly from your ex-spouse's employer to you, but there are usually limits on how much can be garnished per pay-check, and those limits might be less than the amount you're supposed to receive. It is important to seek legal advice about how to proceed, because a mistake may mean that you have to negotiate the child support payments all over again, and collection will be delayed. What's more, you'll need legal help in collecting amounts above and beyond what may be garnished. |
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When Garnishment Is Not Enough |
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Usually, when your ex is in default and you have collected all you can through garnishment, you will have to go to court to ask the judge for a money judgment. Then you have to try to collect against your former spouse's assets, such as a bank account. |
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In 1992, the federal government passed the Child Support Recovery Act. That law punishes people who willfully fail to pay a past-due support obligation to a child who resides in another state. A judge can fine and/or imprison (for up to six months) first-time offenders. Repeat offenders can be fined and/or imprisoned for up to two years. |
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The law does have teeth, but with these caveats: |
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You ex-spouse and your child cannot reside in the same state. If they do, the law does not apply. |
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A judge must determine the amount of child support due. The law does not apply if you have not been before a judge who decided how much is due. |
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