On behalf of Law Office of Bradley R. Tengler, P.C. posted in Child Support on Saturday, November 17, 2012.
It is no secret that the divorce process is seldom a walk in the park. You can follow all of the rules, and have the best divorce attorney in the world; but, without the cooperation of your ex, you are likely to hit some stumbling blocks. Thankfully, there are lawyers who are equipped with the tools to help you when you hit these stumbling blocks – like an uncooperative ex who is not paying child support, for example. After everything you’ve been through, the last thing you want to do is fight with her over unpaid child support. Fortunately, you don’t have to. Your lawyer can. There are just a few steps you will need to follow:
1) Write a letter. You probably already know from your divorce that documentation of everything is crucial. Before taking your ex to court, write her a letter confirming that you have yet to receive the proper amount of child support. Include in your letter that if she does not comply with court orders, you will be forced to hire a lawyer to take the necessary measures to receive the child support. For your protection, make copies of this letter in the event that she claims she never received it.
2) Contact your lawyer. Your lawyer will advise you regarding what steps to take next. Many things need to be considered, such as the ability of your ex to pay, whether or not your ex’s financial status has changed, or whether your ex is intentionally failing to pay child support.
3) Have your lawyer draft a petition for contempt. If your ex is intentionally failing to pay child support – or has voluntarily quit his lucrative job so he can’t afford his child support obligation, you will probably be able to not only win your petition but also get attorney fees. Make sure you inform your attorney of all the facts, good and bad, and then get your petition on file.
4) Consider cutting a deal. The reasons for your ex’s refusal to pay child support could be endless. However, it may be beneficial for you to consider cutting a deal–in essence, making a compromise. You could have every right to the original amount of money agreed upon, but sometimes, depending on the severity of the delinquency, the monetary costs of fighting over this amount outweigh the benefits. In other words, your best option may be to take what you can get. A bird in the hand is sometimes worth five in the bush.
For more information on your options regarding child support, please feel free to contact the Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation. Please note, the above does not constitute legal advice. Please discuss your specific rights with an attorney in your own jurisdiction.