What Can I Do If my Spouse Stops Paying Child Support?

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Unknown Speaker 0:00 Hello, and welcome to 60 seconds with Sergio. I am your host Sergio cabanas attorney at law here in southern Florida. Thank you for joining me today. Today’s question is Sergio. I’ve already gone through a divorce proceeding or paternity action, and my ex has been obligated to pay child support.

However he or she has failed to make these payments. What can I do? Well, it’s important for you to see an attorney as soon as possible in order to get paid. The way we do that is by filing a special motion with the court basically reopening your divorce case or paternity action to show that the court had already previously ordered that these payments be made also providing proof or a detailed accounting of the payments that were never made and are still owed. Oftentimes the court will do what they can to enforce these payments, and possibly even awarding you with attorneys fees and costs, depending on the circumstances. Of course, this is a very important thing to do. And you should do it as soon as possible.

Otherwise, you may lose your rights. There’s one other point you should keep in mind that happens very often in cases like these. And that is that the first temptation would be to somehow withhold visitation from your ex, because he or she is not making payments, you shouldn’t do that. You should take the higher road still allow that visitation as ordered by the court. Because you want to go into court with what we call clean hands, meaning you’ve complied with the existing court orders and took the higher road and allowed visitation and you were in the right complying with the court orders and the other person was in the wrong by failing to pay child support.

I hope this short video provides you at least some general guidance over a complicated area of the law. Of course, this is not a substitute for an actual consultation with a knowledgeable attorney who can guide you through the process. Thank you again for joining me today. And as always, stay informed so you can stay strong Transcribed by https://otter.ai

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Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580
https://cabanaslawfirm.com

Author

Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.