Enforcement of Orders
How Are Child Support and Maintenance Enforced?
Failing to comply with a child support or maintenance (alimony) order can cause serious financial hardship to the other party. In the event your former spouse has the ability to make child support and/or maintenance payments, but intentionally fails to comply with an order requiring him/her to do so, a contempt action may be necessary, and the court has various means in which to enforce these court ordered payments.
If locating your former spouse is a problem, you can rest easy knowing your family law attorneys at Koth Gregory & Nieminski are also experienced collection lawyers, equipped with the advanced people finding tools and knowledge to track down your former spouse and obtain payment.
If your former spouse has been failing to make payments for a long time, we may request that the court issue a judgment for the amount in arrearage (amount past due). Once you have a judgment on the arrearage, a multitude of collection methods are available, such as a wage garnishment, freezing bank accounts, a vehicle levy, or a lien on his/her home or other real estate. The judge may even decide that incarceration is appropriate.
If you are the parent paying child support or have been ordered to pay maintenance (alimony) to your former spouse and circumstances exist that make payment impossible, do not wait until the court holds you in contempt for failing to abide by the terms of your divorce order. Your divorce attorney at KGN will work with you to establish a manageable child support or maintenance agreement and attempt to modify the current order so you will be less likely to fall into arrearage on your future payments.