Child Support Attorney in Minneapolis, Minnesota
How can you help me if my ex is not paying child support?
How can you help me if my ex is not paying child support?
More In This Category
View Transcript
well uh you know i’ve had cases like
that
and
generally there’s there’s several things
that can happen if you if a man or woman
is not paying their child support on
time or paying it in in the entire
amount uh first of all the state the
state can be involved and the state can
help people collect child support
so what can happen is if is that they’ll
know they keep track of this and if
somebody is chronically not paying their
child support
they can suffer consequences such as
their passport can be revoked
their driver’s license can be revoked
if they have a professional license like
if a lawyer doesn’t pay his child
support he can have his law license
revoked
they can intercept
tax refund money and the state often
will do that say you’re gonna get a five
thousand dollar
tax refund and and they haven’t paid
their child support and they owe what’s
known as arrears of five or ten thousand
dollars the state will intercept that
refund and five thousand dollars will be
given to the person who’s supposed to be
receiving child support
now if people still fail to pay their
child support
you can
also file a motion
with the court for contempt of court
because contempt of court means somebody
isn’t obeying a court order
what can happen is the court will find
that person in contempt
they owe ten thousand dollars of of
child support arrears
and
what’s going to happen is the court is
going to impose a suspended jail
sentence on that person
and give them a certain amount of time
to pay that amount of money and if they
don’t pay it they have to report to to
the jail
now the defense to that is
you cannot afford to pay the support and
you have to come into court
and prove through evidence
your the person who’s not paying has
that burden of proof to show that i’m
impoverished
i don’t make enough money i can’t work
any more than i’m working and i can’t
afford to pay support
and then child support could be modified
the amount would be changed possibly so
but if they’re just somebody that’s
deliberately not paying and i’ve had
that happen
they can be let off in in handcuffs
until they pay
Minneapolis, MN family law attorney Michael Fink explains how he can help if your ex is not paying child support. He explains that he has handled many cases where a parent fails to pay child support on time or in full. In Minnesota, several consequences can occur. The state tracks child support payments and can step in to help collect them. Chronic nonpayment can lead to serious penalties: a passport can be revoked, a driver’s license suspended, or even a professional license—like a law license—revoked. The state can also intercept tax refunds; for example, if someone owes $10,000 in arrears but is due a $5,000 tax refund, that refund can be redirected to the custodial parent.
If these measures fail, a motion for contempt of court can be filed. Contempt is used when someone disobeys a court order. The court can find the parent in contempt, impose a suspended jail sentence, and give them a deadline to pay the arrears. If the parent fails to comply, they must report to jail.
The parent has a defense, however: they must prove they cannot afford to pay. Evidence of financial incapacity can justify a modification of the child support amount. But in cases where the parent is deliberately refusing to pay, he notes, law enforcement action can be taken, and the noncompliant parent may ultimately be taken into custody until the obligation is satisfied.
