What Can I Do if My Ex Isn't Paying Their Child Support?
Sept. 16, 2022
During a marriage dissolution, the divorcing or legally separating parents often establish quality child support arrangements. This will help provide for the daily living expenses and other financial needs of the child living with a single parent. However, some non-custodial parents are often delinquent on their child support obligations. In such situations, you may need to enforce the child support payments through a court order or by filing a contempt motion.
At Abrahamson Law Office, we possess the intelligence, resources, and understanding to direct, support, and represent clients in the legal matters of child support enforcements. Our valued Nebraska family law attorneys can assess the facts of your case, inform you about your options to enforce the child support order, and help recover past-due support payments. We're proud to serve clients across Omaha, Fremont, Washington County, Sarpy County, and Saunders County, Nebraska.
Contempt Motion for Failing to Pay Child Support
If your child's other parent is failing to pay court-ordered child support, you may be eligible to file a contempt motion. A contempt motion is a legal action or motion filed in family court when one party in a divorce is non-compliant with the court order.
By filing a contempt motion, you can request the court to force the delinquent parent to obey the terms and provisions of the court order. Also, the Nebraska court will ask the non-compliant parent the reasons for disobeying a court order during a hearing.
The Process for Contempt
Here are the steps involved in a contempt motion in Nebraska:
File a Motion: The parent seeking contempt action against the non-compliant parent will file a motion in the existing case where the court entered the divorce or child support judgment.
Attend a Court Hearing: A hearing will be scheduled where the non-compliant parent will be asked to appear in court. During the hearing, the non-compliant parent will be required to explain why they disobeyed the court order and why they shouldn't be held in contempt.
Furthermore, the filing parent must prove that their ex-partner intentionally disobeyed the court order – by failing to pay court-ordered child support. Conversely, the alleged non-compliant parent will also be allowed to dispute the allegations by showing that they're not in contempt.
The presiding judge will hear both parties' arguments and decide if the alleged parent is in contempt or not. An experienced attorney can help protect your legal rights, argue your case diligently, and improve your chances of the best possible outcome.
Court Intervention for Non-Payment of Child Support
If the Nebraska court finds the non-compliant parent in contempt, they may impose different sanctions and penalties on them. These include:
Paying all past-due child support payments.
Paying the other parent's attorney's fees.
Imprisonment in county jail
Liens – placing a lien on any property – real estate or motor vehicle.
Additionally, the Child Support Enforcement Central Office in the state may also take the following actions against the non-compliant parent:
Income withholding or wage garnishment
Intercept federal tax return refund payments
A strategic Nebraska child support attorney can determine the best way to hold the non-compliant parent in contempt and help recover all past due payments.
Paying Past-Due Child Support
In addition to the regular monthly support amount, the Nebraska court may order the delinquent parent to pay the overdue amount of child support. A reliable attorney can help file a motion seeking enforcement of the existing child support agreement and ensure that your ex-partner is compliant.
Skilled Legal Advocacy
In Nebraska, separated or divorced parents are legally required to support their children financially until they become emancipated. Unfortunately, some parents deliberately decide not to make court-ordered child support payments. If your ex-partner isn't paying child support and you want to enforce it, consulting with a practiced family law attorney is imperative for clear direction and to help determine the best course of action.
At Abrahamson Law Office, we enjoy providing trusted legal counsel and advocacy to clients in divorce and child support-related matters. As your attorney, we will review the points of your case and educate you about your rights and options to enforce the existing child support decree. Also, our trusted team will help file a contempt motion, hold the non-compliant parent in contempt, and attempt to recover all the money owed in child support.
Contact Abrahamson Law Office today to schedule an easy case assessment with a reliable child support lawyer. We're proud to serve clients across Omaha, Fremont, Washington County, Sarpy County, and Saunders County, Nebraska.