What to Do if Your Ex-Spouse Fails to Pay Child Support

Child support is a critical financial obligation that assures children of divorcing parents receive the care and resources they need. When a parent refuses to pay, it can create unnecessary hardship and frustration.

Missouri law provides several options for enforcing child support orders, and knowing your rights can help you take the steps to secure the payments your child deserves.

The question remains, what should you do if your ex-spouse fails to pay child support? At Talbert Law LLC, we have the experience to help. Depending on the situation, you have numerous options to draw from. We’ve helped numerous clients throughout Kansas City, Missouri, overcome their child support issues.

How Is Child Support Calculated?

Missouri courts calculate child support based on a set formula that considers income, custody arrangements, healthcare expenses, and other financial obligations. Once a court issues an order, the paying parent is legally required to make payments on time. If they fail to do so, enforcement actions can be taken to collect the unpaid support.

Some factors that the courts will consider in child support orders include:

• Both parents’ incomes

• Number of children involved

• Childcare and medical expenses

• Time each parent spends with the child

• Additional financial responsibilities

• Educational costs and extracurricular activities

What to Do if Your Ex-Spouse Fails to Pay Child Support

When a parent fails to meet their obligation, the receiving parent has several options under Missouri law to recover the money owed. However, the final answer does change depending on the extenuating circumstances surrounding the case.

Option 1: Communicate with Your Ex-Spouse

Before taking legal action, attempting direct communication may resolve the issue. Some parents fall behind due to financial struggles rather than intentional avoidance. Discussing the situation might lead to a temporary agreement that helps prevent further missed payments. Some tips for discussing child support arrangements include:

• Stay calm and professional: Avoid arguments and focus on solutions.

• Document conversations: Keep records of all discussions regarding payments.

• Offer flexibility if possible: Temporary arrangements might help if the parent is experiencing hardship.

• Seek written agreements: Any modifications should be in writing and signed by both parties.

• Involve a neutral third party: Mediation services may help if direct communication is not productive.

• Be proactive: Set reminders for due dates to prevent miscommunication or forgetfulness.

If your ex-spouse refuses to cooperate, it may be time to consider legal options.

Option 2: File a Complaint with Missouri Child Support Enforcement

The Missouri Family Support Division (FSD) helps enforce child support orders. If payments stop, you can file a complaint with this agency. FSD has the authority to take various actions to collect unpaid support, such as wage garnishment and license suspension. The primary steps you should follow to file a complaint include:

1. Gather documentation: Collect copies of the child support order, payment history, and any communications regarding non-payment.

2. Submit a formal complaint: File a complaint with FSD through their website or in person.

3. Wait for enforcement actions: FSD may attempt to collect the money through different enforcement tools.

4. Follow up regularly: Check on the status of your complaint to make sure progress is being made.

5. Seek legal assistance if necessary: If the process stalls, an attorney can expedite action.

Option 3: Wage Garnishment and Income Withholding

One of the most effective ways to recover unpaid child support is wage garnishment. Missouri law allows the court to order the employer of the non-paying parent to withhold child support directly from their paycheck. All deducted payments will be sent directly to the Missouri Child Support Payment Center.

If the non-paying spouse's employment changes, updates must be provided to the court. Failure to comply can result in penalties for the employer.

This method assures you receive regular payments and reduces the chances of future non-compliance.

Option 4: Intercept Tax Refunds and Other Funds

If an ex-spouse is behind on payments, Missouri law allows intercepting certain funds to cover unpaid amounts. These include:

• Federal and state tax refunds

• Lottery winnings

• Unemployment benefits

• Workers' compensation settlements

• Bank account garnishment under certain conditions

The Missouri Child Support Enforcement office works with state and federal agencies to collect overdue payments using these methods.

Option 5: Driver and Professional License Suspension

Missouri courts can suspend the non-paying parent’s driver’s license, as well as any professional or business licenses. The suspension remains in effect until the parent makes a payment arrangement with the court. Suspending a driver's or professional license usually involves certain steps, such as:

1. The receiving parent files a complaint with the Family Support Division.

2. FSD reviews the case and requests a hearing if necessary.

3. If the non-paying parent fails to comply, their license is suspended.

4. To reinstate, they must pay a portion of the arrears and agree to a payment plan.

5. Other personal privileges, such as hunting and fishing licenses, may also be suspended.

This action can be highly effective in encouraging compliance, especially for parents who rely on their licenses for work.

Option 6: File a Motion for Contempt

If other enforcement methods do not work, filing a motion for contempt in family court may be necessary. Contempt proceedings can result in serious penalties, including fines and jail time for the non-paying parent. To file for a motion for contempt, you will need to complete the following steps:

1. File a motion with the court: This document notifies the court of the failure to pay.

2. Attend the hearing: Both parents will present their case to a judge.

3. Hear the judge's ruling: Possible penalties include wage garnishment, asset seizure, or even jail time.

Failure to comply can lead to additional penalties, such as probation or further financial penalties. Repeated offenses may lead to increased legal consequences.

While courts prefer solutions that keep parents out of jail, judges will take strong action against those who repeatedly refuse to comply.

Modifying a Child Support Order

If your ex-spouse claims they cannot afford to pay, they may request a modification of the child support order. Missouri law allows modifications under certain conditions, such as:

• A significant change in income

• A change in custody arrangements

• Increased financial needs for the child

• Significant medical expenses affecting either parent

• Long-term disability or unemployment

The court reviews the case and decides if adjustments are necessary. Until an official modification is granted, the original child support order remains in effect.

Work with an Experienced Law Firm

Legal issues related to child support can be stressful and time-consuming. Our firm has extensive experience helping parents enforce child support orders under Missouri law. We understand the importance of timely payments and are committed to protecting the best interests of children. Some of the ways our firm can help include:

• Filing complaints with Missouri Child Support Enforcement

• Petitioning the court for wage garnishment or asset seizure

• Handling contempt proceedings and legal enforcement

• Negotiating child support modifications when appropriate

• Assisting with tax refund and asset seizure processes

• Providing legal guidance on future child support concerns

We work with parents to find the best legal solutions while minimizing conflict and delays. If your ex-spouse is refusing to pay, contact our firm to discuss your options.

Contact Talbert Law LLC Today

Missouri law provides several ways to enforce child support orders when a parent fails to pay. Taking action quickly can prevent further financial strain and protect your child’s well-being. If you need assistance with enforcement, our attorney at Talbert Law LLC can help provide the guidance you need. We serve clients in Clay County, Jackson County, Missouri, and Johnson County, Kansas. Contact us today to schedule your consultation.