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My ex isn’t paying child support. What should I do?

On Behalf of | Jul 18, 2022 | Child Support

All children have the right to parental support until they become adults who can legally work and provide for themselves. If parents who share a child divorce or separate in Florida, the court may direct the non-custodial parent to make child support payments to the custodial parent.

Florida family law takes child support extremely seriously. Failing to follow through with a court-sanctioned child support obligation can land the defaulting party in big trouble.

Here are two important steps you need to take if your ex is no longer paying child support.

Gather the records of missed payments

It is important that you start by gathering proof that your ex is indeed failing to honor their child support obligation. This is usually straightforward, especially if they are paying through money order, check, bank transfer or direct deposit. All you need to do is obtain your account records to show that no deposit was made when it was due. If any checks were canceled, be sure to include them in your evidence too. Before heading to court, you want to be certain that you have everything the court will need.

Petition the court for child support enforcement

Armed with the right evidence, you can sue your ex at the family court for non-payment of child support. One of the options you can consider is a Motion of Enforcement. This is usually pretty straightforward – you want the court to enforce an existing child support order. You may also consider filing a Motion of Contempt against your ex.

One of the mistakes you should avoid while dealing with an ex who won’t pay child support is withholding visitation or denying them the right to see their child. This is the court’s decision to make, not yours.

While most parents take their duty to pay child support seriously, the unfortunate reality is that a few do not. Find out how you can safeguard your child’s rights while pursuing your ex for child support.