Most of the time, post-divorce child support payments arrive on time and the process is basically smooth. However, that is not always the case. Chasing after an ex-spouse for child support payments can be emotionally and financially stressful. With large child support payments — like tuition or daycare expenses, the financial worries can be very stressful. So, what can be done? Below, the Maryland Child Support Payment attorneys here at the Law Office of Robert Castro discuss some of your options if you are not getting your child support payments. Call us at (301) 870-1200 or use our contact page. We are Family Law and Child Custody attorneys with offices in Waldorf, Maryland.

First, be aware of a few things you cannot do. For example, you cannot “call the police” on your ex-spouse. Law enforcement officials are not tasked with handling arrearages and non-payment of child support. Second, you cannot deny your ex-spouse visitation with the children. That is using your kids as “blackmail” and Maryland divorce courts look with extreme disfavor on such behavior. It is also a “bad idea” to tell the child or children in the hopes they will “put pressure” on your ex-spouse. Again, Maryland divorce court judges will look on that with disfavor. Finally, you cannot engage in any self-help like taking something of value from your ex-spouse or calling an employer.

That being said, there are many things that can be done. As difficult as it may be, the first step is to talk to your ex-spouse and try to determine why the child support payments are not being made. There may be reasons beyond your ex-spouse’s control such as loss of employment or something of that nature. If you ex-spouse refuses to talk, it might be useful to try to talk — briefly and non-emotionally — with a family member or friend of your ex-spouse’s to determine if there are any reasons why child support payments are not being made.

Essentially, the purpose of talking to your ex-spouse is to resolve the problem without having to involve the divorce court. Think of it as a form of mediation and, in that regard, maybe a mutual friend can act informally as a go-between. Sometimes, that can reduce some of the friction that can exist between ex-spouses.

After an effort to resolve the arrearages and non-payments through discussion, the next step is to get the divorce court involved. Child support payments were ordered by the Maryland divorce court that finalized the divorce. As such, the child support payments are legally binding and Maryland courts have full power and authority to enforce their Orders. To begin, a Petition is filed with the court asking for help in obtaining the child support payments that are past due. The court can take several actions including

• Holding the ex-spouse in contempt of court for failing to obey the court’s Order — in time, this could lead to the arrest of your ex-spouse
• Order some sort of wage garnishment — although this is not very common
• Order transfer of some valuable asset (like the contents of a financial account) to be turned over as a replacement for unpaid child support
• Order a seizure of government, insurance or tax benefits (like a tax refund)
• Modify the child support obligation — this assumes the ex-spouse has a valid excuse for non-payment

Typically, one or more of these steps will cause your ex-spouse to resume making proper and timely child support payments.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.