What to Do When Court-Ordered Support Isn’t Paid

For many families, a court order for child or spousal support is a crucial lifeline that provides financial stability after separation or divorce. These orders are legally binding obligations, and failing to adhere to them can have severe consequences for everyone involved. 

Understand what happens when court-ordered support isn’t paid, the legal remedies available, and how to get support from your legal benefits.

What is Court-Ordered Support?

In divorce, legal separation, or paternity cases, a court may issue a support order that requires one person to pay a specific amount of money to the other at regular intervals.

The amount is typically calculated based on state guidelines, each person’s income, the number of children, and the time the children spend with each parent. This order is not a suggestion; it is a legally enforceable command.

The Consequences of Non-Payment

When a person fails to pay court-ordered support, they are said to be “in arrears.” The penalties for being in arrears can be severe and are designed to compel payment. These can include:

• Wage Garnishment: A portion of the person’s paycheck is automatically withheld by their employer and sent directly to the recipient.
• Seizure of Assets: State and federal tax refunds can be intercepted, and funds can be seized from bank accounts.
• License Suspension: Driver’s licenses, professional licenses (such as those for doctors or lawyers), and other state-issued licenses can be suspended.
• Liens on Property: A legal claim can be placed on property, making it difficult to sell or refinance until the debt is paid.
• Contempt of Court: In cases of willful non-payment, a person can be held in contempt of court, which may lead to fines, probation, or even jail time.

Legal Options for Non-Payment

If you are not receiving court-ordered support, or if you are the one unable to make payments, you have legal options.

If you are the person owed support: This process often involves filing a “violation petition” with the court and initiating enforcement actions. While state agencies can help, a lawyer can be essential for navigating the complexities, ensuring all paperwork is filed correctly, and representing you in court to pursue the most effective remedies.

If you are the person unable to pay: It is crucial to understand that you cannot simply stop paying if your financial circumstances change. The court order remains in effect until it is formally modified. If you have lost your job, suffered a disability, or had a significant change in income, you should immediately seek to modify the support order. A lawyer can help you file the necessary motion, present evidence of your changed financial situation, and negotiate with the other party to establish a more manageable payment amount and a plan for any back-due payments.

How Your IAM Legal Plan Can Help

Navigating these legal waters can be daunting and expensive. Through our network of preferred lawyers, we can provide discounted support for situations like non-payment of court-ordered support.

Our plan gives you affordable access to experienced family law attorneys who can provide the legal advice, representation, and negotiation skills you need to protect your rights and find a resolution efficiently. Tap below and submit the form for assistance, or call/text our Member Helpline at (646) 921-9128.