There may come a time when a client reaches out to us and says, “My ex-spouse has stopped paying the child support that he’s court ordered to pay. What can I do?” Generally, we have them come in, we look over their agreement, if there is an agreement, but certainly the Judgment of Divorce to see what the terms, and the amount of the child support is, and to ascertain the length of time that that spouse has not been paying the child support.
In some instances, we can bring them either before the Family Court, or the Supreme Court to allege a violation of the agreement, and of the Judgment of Divorce to bring that party before the court to answer for his or her failure to pay the child support that they are court ordered and have agreed to pay.
If the non-paying ex-spouse continues to refuse to pay, there may be an instance where he or she could be incarcerated for nonpayment of the child support. In any event, a motion, either to the Supreme Court or a petition to the Family Court would get the matter before the court, and get it moving so that it can be resolved.
There may be certain instances where unfortunately your ex-spouse will stop paying child support and leave you to support the child or children yourself but fortunately, legal matters can be taken to ensure that child support payments will be made.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.