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How is Back Child Support Calculated and How Can I Get It

child with money

If your former spouse failed to make child support payments, do not consider the money as good as gone. You can take legal action and ensure the debt is repaid. Typically, the state handles back child support, but if your former spouse is two years behind on payments, the federal government might step in. Even if your children reach the age of majority, you are still entitled to these payments, so do not hesitate to act.

The Penalties for Failing to Pay Child Support

There are serious consequences for obligors who do not meet their child support obligations. The severity of these penalties varies, depending on how far behind the obligor is on payments.

Below are some of the penalties one might face for falling behind on child support payments:

  • The government might suspend an obligor’s professional license or driver’s license. If your former spouse hunts or fishes, the government can suspend these licenses as well.
  • If your former spouse owes more than $2,500 in back child support, he or she might not be eligible to apply for or use a passport.
  • The government can garnish an obligor’s wages.
  • The government can seize an obligor’s tax refund.
  • If the proper arrangements are not made to pay back child support or your former spouse is deemed criminally non-compliant, he or she might serve jail time.

What Should I Do?

If you have not received child support payments from your ex-spouse, you need to obtain legal assistance. Once your attorney gets the ball rolling in court, the state will pursue the debt and ensure it is repaid. Depending on your ex’s circumstances and the amount of support owed, there are a number of ways in which these payments can be made.

Below are some of the ways in which you can receive back child support:

  • The court might create a new payment schedule.
  • You and your spouse can negotiate a settlement and receive some of what you are owed in a lump sum.
  • The state might pay you what you are owed through garnishing your former spouse’s wages.

Unless you negotiate a lesser amount, you will still collect the sum you are owed, along with interest, which can be quite hefty.

Discuss Your Case with a Knowledgeable Family Law Attorney Today!

If your former spouse failed to keep up with child support payments, you should not hesitate to take legal action. At The Law Office of Paulette Hamilton, P.A., our family law team has the experience and skills necessary to help you obtain the money you need to raise your children. We understand how crucial these payments are for ensuring your children get what they need and will do what it takes to enforce the child support order. Our team will take the time to evaluate your situation and create personalized solutions to reach your goals.

Get started on pursuing back child support by reaching out to our law office at (407) 624-5344 to set up an initial consultation with a member of our knowledgeable team.