Collecting child support and maintenance payments:

When your ex-spouse has failed to pay child support/maintenance payments, your best bet is to file an income execution. Income executions are one of many administrative enforcement actions that you can take without going to court. Unlike the 25% federal limit on typical money judgments the income execution for support affords access up to 65% of your ex-spouses disposable income. The income execution along with the other administrative processes may be prepared by your attorney (as an officer of the court) or  the child support collections unit. To initiate the process with the child support enforcement division you can file an application with your county child support office .The Child Support Enforcement Division may charge you a small fee (typically $25 or so) to handle the collection from start to finish. Although less expensive than a private attorney, using child support services has left some of my client’s feeling like just another number, and the service you get will typically be much slower than what you would receive from a private attorney. However the support services are better suited than most private attorney’s when you cannot locate your ex-spouse or his place of employment. When administrative enforcement processes do not succeed, filing a violation petition with the court,, asking the court to enforce the order is your next step. The court can order mandatory money judgments for past-due payments; order the noncustodial parent into a work program; order that a hearing take place to suspend state issued professional, business or occupational licenses; or issue probation or jail sentences. This process may also be accomplished with or without the use of a private attorney or you can ask the child support enforcement division to assist in preparing and filing a violation petition with the court asking the court to enforce the order.

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