What to Do When Your Partner Stops Paying Child Support
In the world of relationships, nothing is worse – outside of perhaps learning that your partner has been engaging in extramarital affairs – than a spouse refusing to pay child support. It’s a stress and headache no one needs, especially in this day and age of added life complexities, but if it happens you have to know how to deal with it.
That’s where our blog you’re about to read comes into play.
It is our experience that the majority of parents want to support their children, both financially and emotionally, whether they are married to one another or not. When certain parents refuse to pay support for their children, even when ordered by a California court, the situation can spiral out of control quickly.
If you are custodial parent seeking to enforce support and collect overdue payments, you can bring your own motion for contempt or you can hire a private attorney to file for contempt on your behalf. Additionally, you can apply for support services, including enforcement protocols, with your local DCSS.
Before you can enforce support, you must ensure that court-ordered child support is in place – so if you and your child’s other parent have nothing more than an oral agreement regarding support, you won’t be able to enforce that agreement in court. Should you agree on an amount for support, you must memorialize your agreement in writing and have it approved by a judge; if the court determines the amount is in your child’s best interests, this judge will issue a support order based on your agreement.
Conversely, if you and your other half cannot come to an agreement and you need to have support established in your case, the only avenue to take is filing an action for support in your county’s superior court. This can be accomplished by doing one of the following:
• Using forms found on the California Courts website.
• Hiring a private family lawyer Roseville to file a petition for support on your behalf.
• Asking your local support agency to open a case file for support on your behalf.
If you have found yourself in the unfortunate position of hunting down a former partner for spousal support and need an experienced family law office to help you, look no further than McKean Family Law. Our attorneys boast the necessary litigation chops to get the spousal support ball rolling, and there’s a reason why many refer to us as the family lawyer Roseville has been waiting for.