Collecting Overdue Alimony or Child Support

Late child support or divorce payments can result in financial hardship. Learn about the measures you can take to recover past-due child support payments.

What you will discover:

What exactly is the distinction between divorce and child support?
When do my divorce or child support payments become delinquent?
How do I go about collecting past-due alimony?
How do I go about collecting past-due child support?
What should I do if my ex-spouse declines to pay despite a judicial order?

Divorce is an emotional procedure that also has money ramifications. Alimony and child support assist to smooth out the income disparities. When a former partner fails to make alimony or child support payments, the other spouse who is entitled to that financial assistance may become irritated. Learn what to do if you need to recover past-due alimony or child support.

What exactly is the distinction between divorce and child support?

When the parents of a young child divorce or choose to live apart, the law requires both parents to continue financially supporting the child until the child reaches the age of majority. A judge may require one parent to give child support to the other if appropriate.

Alimony is also known as marital assistance or domestic upkeep. It is a formal duty placed on one partner after the marriage ends to continue monetarily assisting the other spouse. Alimony is not the same as the split of bills and assets that occurs in every divorce. Alimony is not always given in divorce, and it can take many forms:

Following a split, rehabilitative alimony is meant to assist one partner in completing education or training in order to re-enter the employment.
A lump sum divorce payout is a one-time reimbursement that corrects an inequity in asset split. For example, if one partner receives the marriage home in the divorce, that person may be compelled to pay alimony to the other spouse equivalent to half of the property’s value.
Periodic alimony is also known as “long-term alimony” because it is given to a partner on a monthly basis until that spouse remarries or the judge ends the order.

When do my divorce or child support payments become delinquent?

When a child support contribution is 15 days late, it is deemed past due in most jurisdictions. However, some states have stringent limits for child support payments, and even one day late can result in fines. Alimony, on the other hand, is usually not deemed past due until it is 30 days late. Late purchases, on the other hand, can have serious repercussions.

Many parts of child support and alimony payments are governed by state law, but your Divorce Settlement Agreement may override state law, including when payments are due and the duration of a tolerance period for late payments.

How do I go about collecting past-due alimony?

When a former partner fails to make divorce payments, it can be extremely aggravating. Returning to court over such problems is never attractive. Fortunately, by mailing your ex partner a Demand for Alimony Payment document, you may be able to escape heading to court. This informs your ex-spouse of three things:

You are aware that the money is past due.
You want to settle the matter peacefully.
If compensation is not given, you will take judicial action.

Send the paper registered mail. If the divorce is not given, you should consult with a counsel about your legal choices.

How do I go about collecting past-due child support?

When a caregiver falls behind on child support obligations, the situation can become burdensome. Child support payments are frequently made straight to the court via an income deferral order, so the wait may not be the responsibility of your ex-spouse. Before initiating legal action, send a Demand for Child Support Payment note to your former partner or child’s other parent to give them the chance to resolve the issue without engaging attorneys or the court. If they do not reply or pay, judicial action to uphold the child support judgment may be necessary.

What should I do if my ex-spouse declines to pay despite a judicial order?

Failure to pay alimony if it is part of a Divorce Settlement Agreement or court order is a violation of that court order or agreement.

If you do not receive an answer to a Demand for Alimony Payment document, you may need to seek assistance from the judge. This may entail submitting papers with the court and seeking a hearing date, depending on your state and municipal court regulations. Courts usually establish a date for both parties to meet in person to discuss the past-due payment. If the judge rules in your favor during or after the session, you have several choices:

A judge can make a new payment order and add a monetary fee to the initial amount, while adding extra penalties, prison time, or other repercussions if the infraction continues.
A judge may order the confiscation of a debtor’s possessions or the withholding of wages. Wage garnishment, also known as income withholding, occurs when the court orders a company to transmit a portion of your former spouse’s salary straight to you or the court for distribution each pay period.