The short answer to this question is: yes; your ex-spouse can go to trial for not paying child support in Charlotte, North Carolina. However, there are several factors that go into this punishment, and it isn’t as simple as missing one payment or getting slightly behind.
Raising a child with one income is not easy. This is why your spouse was ordered to pay child support. No one should be expected to be financially responsible for their child alone. It goes without saying that when someone helps bring a child into the world, they should do their part in every way to ensure they have a good quality of life, which includes making a financial contribution.
Child support payments are meant to help with the cost of raising your children, such as food, clothing, housing and other things like medical bills, school fees, extracurricular activities, childcare, and entertainment.
When your former partner doesn’t make child support payments, your funds can be greatly reduced, directly affecting your child and their quality of life.
Repercussions or Punishment for Not Paying Child Support
When a person stops paying or refuses to pay court ordered support, they can be held in contempt of court because a court order requires them to pay child support. By not paying, your ex-spouse is breaking the law and can serve jail time as a result. However, this is not ideal for either you, your ex, or your children. There are steps you can take first to resolve your child support issues.
In the event that your spouse stops paying child support, your attorney will assist you to get the child support payments back on track by petitioning the courts to enforce your child support order in several ways. They include:
Wage garnishment: Money will be automatically withheld from checks for the purpose of child support, including income, social security, disability, unemployment benefits and/or workers’ compensation. Federal and tax refunds can also be withheld and instead sent to the parent who is owed child support.
A home or business lien: A lien is a way to collect money that is owed. This is a public notice/record attached to a property which is filed with a country or state agency.
Driver’s license suspension: Other licenses, including occupational and recreational, can be suspended, as well.
Passport Cancellation: International travel will no longer be an option once your ex’s passport is canceled.
Additionally, the lack of child support payments can be reported directly to credit bureaus, resulting in bad marks and poor credit ratings. Your ex may have to pay fines, as well.
Let a Family Law Attorney in Charlotte, North Carolina Help You
Dealing with an ex-spouse who will not or cannot make support payments can be very difficult, especially when it has a direct impact on your ability to provide for your children. This can take an emotional toll on you and can create feelings of anger, sadness, and spite.
If you feel that you need support and are ready to discuss the possibility of your spouse going to jail because they have not made their payments as ordered by the court, please don’t hesitate to reach out to a child support attorney at Remington & Dixon.
We have years of experience with family law cases in Charlotte, NC just like yours and are here to guide you through the legal system. Contact Remington & Dixon today for a consultation.