Louisville Child Support Collection Attorney
What happens if you are not receiving child support in spite of a Court Order? How do you enforce and collect that obligation? That is an unfortunate problem facing far too many in Louisville.
Both Louisville Family Court and Louisville District Court have solutions for you. The Division of Louisville Family Court which made the child support Order is the place where people often first turn. Louisville Family Court can 1) hold the parent failing to pay in contempt or 2) issue Garnishments to collect the unpaid child support.
Contempt (at least in this context) is a willful and intentional failure to comply with a Court Order without good cause. If the parent who has a Court ordered obligation does not pay child support and cannot demonstrate a good reason, then they are likely in contempt. Louisville Family Court will issue a Show Cause Order. At the Hearing, the parent not paying child support must explain his or her reason for their failure to pay child support. If they have a temporary job loss or illness that makes work impossible, then they have good cause, so long as payments resume. Otherwise, Louisville Family Court is likely to issue a Contempt Order which directs them to resume paying their obligation and catch up on the arrears or face legal consequences, up to and including jail time.
Louisville Family Court can also issue Wage and Nonwage Garnishments to collect unpaid child support. The parent failing to pay child support may have the arrearage withheld from her or his paycheck. Also, the parent failing to pay child support may have the balance of their bank account taken to pay the arrearage.
If your former spouse owns real estate, then a Judgment Lien may be issued for the unpaid child support. You may then foreclose on that Lien if the arrearages are not paid.
If your former spouse has income from a retirement account, then that money may be withheld. A Qualified Domestic Relations Order may be issued by Louisville Family Court to withhold retirement distributions to pay child support arrearages.
Louisville District Court comes into the picture on a criminal charge of nonsupport. Any failure to pay child support without good cause is criminal. Once you have failed to pay for six (6) months or are more than $1,000.00 in arrears, the crime becomes a felony. The Jefferson County Attorney’s Child Support Office is the place where nonsupport charges originate and are prosecuted.
Do you have questions about child support owed to you? I would be happy to help. Please call or email. If you are not ready to talk, then take a look at my website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer.