What Do I Do If My Ex Doesn’t Pay Their Child Support?

Getting a child support order can feel like a huge relief; parenting is expensive, and having the other parent’s financial contributions can give you some breathing room. But when your co-parent does not make those payments, they put you in an incredibly tough position, both legally and financially.

It’s important to know your legal options when your child’s other parent doesn’t come through on their child support. Call Olmstead & Olmstead at 703-361-1555 to set up a consultation with our team right away.

Start Planning Ahead for Your Financial Needs

First, remember that you do have legal options, but it may take time for those options to result in payment from the other party. In the meantime, you still have to make sure your child’s needs are met. Assume that you won’t receive child support for at least the current month—and potentially months to come—and start making any changes you must make in order to cover your financial obligations.

Document Missed Payments

Keep track of missed payments, taking note of when you were meant to receive payment and if it eventually came through. You should do this even for late payments, as chronically late payments can be a warning sign that your ex-spouse is starting to get in over their head. When you speak with Child Support Enforcement or your Manassas family law attorney, you’ll want to have documentation of all missed payments.

Consider Reaching Out to Them Directly

In some cases, communicating directly with the other co-parent makes sense. If you and your co-parent have a friendly relationship and there’s a possibility that they truly just overlooked their most recent payment, touching base with them and reminding them that they haven’t made their payment may be enough to get things moving in the right direction. Be wary, though, if you find yourself having to remind them on a constant basis. This puts unnecessary pressure on you, and moving to automated payments may be the best option.

This isn’t always an option; if you and your ex-spouse have a high-conflict relationship and you know that any attempt at contact will result in a fight, you may be better off limiting communication with them.

Contact the Division of Child Support Enforcement

Assuming that you have an official child support order, your next call may be to the Virginia Division of Child Support Enforcement, which is part of the Department of Social Services. They collect payments on behalf of parents, ensure that payments reach the right payment account, and step in when a paying party misses a scheduled payment. They can also be helpful if your co-parent is regularly late on payments or skips payments on a consistent basis. Having payments taken straight out of their paychecks can limit the amount of communication you have to have with them on this topic and make co-parenting much easier.

If you don’t have an official child support order, this is your sign that you need one. Without an official court order, you can’t force the other parent to support their child. Too many people think that keeping the peace is worth accepting less child support than their child needs—make sure you get what you deserve.

Turn to Your Family Law Attorney

If you have a Fairfax family law attorney who helped you with your divorce, initial child support order, or child custody case, this is a good time to reach back out to them. If your co-parent truly has no intention of catching up on missed payments, your attorney may need to move to have them held in contempt. The court may order automatic payments withdrawn from their checks, and if they continue to fall behind, your co-parent may lose their driver’s license, professional license, and even their passport. There are many options your attorney can explore when attempting to hold your child’s other parent accountable.

Reach Out to Olmstead & Olmstead Now

The sooner you connect with Olmstead & Olmstead when your co-parent falls behind on payments, the sooner they can help you start exploring your options. Call us at 703-361-1555 or send us a message online to schedule a consultation with our family law team right away.