What If my Spouse Stops Paying Child Support?

Get The Legal Help You Need!

Hello and welcome to 60 Seconds with Sergio. I’m 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 at 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 detailed accounting of the payments what were never made and are still owed.

Often times the court will do what they can to enforce these payments and possibly even awarding you with attorney’s fees and cost 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 might lose your rights.

There is 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 provided 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.

Copyright © 2024. Divorce & Mediation Law Firm | Cabanas Law Firm. All rights reserved.  

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580


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.