Getting Your Spouse to Pay Child Support FAQ

Questions:

• My ex-spouse is refusing to pay court-ordered child support. How can I have the order enforced?
• My ex-husband moved out of state. How can I force him to continue to make child support payments?
• What happens if a parent falls behind on child support payments?
• Can I be excused from the child support debt I accumulated while I was temporarily out of work?
• I just filed for bankruptcy. Can I discharge my child support arrearages?
• My spouse and I separated a year ago. Can I file for child support now and get an order that covers the last year?
• My spouse is in charge of our household finances but barely provides me with enough to keep the cars running and buy food and clothes for the kids. Can I sue for child support?

Answer:

What happens if a parent falls behind on child support payments?

When a person does not make child support payments on time, the overdue payments are called "arrearages," and the person is "in arrears" on payments. Judges have become very strict about enforcing child support orders and collecting arrearages. While the person in arrears can ask a judge to reduce the amount of future payments, the judge will usually insist that the arrearage be paid in full, either immediately or in installments.