What Do I Do If My Ex Doesn’t Pay Their Child Support?

The financial well-being of children depends heavily on consistent child support payments. When a parent fails to meet this obligation in Alabama, it can create significant hardship for the custodial parent and, more importantly, for the children themselves. The frustration and stress that come with unpaid child support can feel overwhelming, but there are clear legal avenues available to address the issue.

This situation arises more frequently than many realize, leaving families grappling with unexpected financial gaps and uncertainty. Fortunately, Alabama law provides mechanisms to enforce child support orders and compel payment.

What Are the Legal Responsibilities for Child Support in Alabama?              

Child support orders in Alabama are legally binding directives from the court, designed to ensure both parents contribute to the financial needs of their children. These orders cover a range of expenses, from basic necessities like food, clothing, and shelter to healthcare and education.

How Child Support is Determined

In Alabama, child support is typically calculated using Rule 32 of the Alabama Rules of Judicial Administration. This rule employs an “income shares model,” which estimates the amount of money parents would spend on their children if they lived in an intact household. This amount is then divided between the parents based on their respective incomes.

The court considers various factors when determining child support, including:

• Gross income of both parents: This includes income from all sources, such as salaries, wages, bonuses, commissions, and even unemployment benefits.
• Childcare costs: Expenses for daycare or other childcare services necessary for a parent to work.
• Health insurance premiums: The cost of health insurance for the children.
• Pre-existing child support or alimony obligations: Payments made for other children or former spouses.

Once a child support order is issued, it carries the full weight of the law, and non-compliance can lead to serious legal consequences for the delinquent parent.

What Happens When Child Support is Not Paid?

When a parent fails to make their court-ordered child support payments, they are in arrears, meaning they owe past-due support. This non-payment is a violation of a court order and can trigger various enforcement actions. The custodial parent may pursue these actions through the court system or seek assistance from the Alabama Department of Human Resources (DHR) Child Support Enforcement Division.

The longer child support goes unpaid, the more challenging it can become to recover the full amount. Prompt action is generally advisable to address the delinquency.

What Steps Can I Take to Enforce a Child Support Order in Alabama?

When an ex-spouse or co-parent falls behind on child support payments, you have several options to pursue enforcement in Alabama. These steps range from formal legal actions to administrative remedies.

Informal Communication

Sometimes, a direct, calm conversation or written communication can resolve the issue. There might be a misunderstanding or a temporary financial difficulty that can be addressed without court intervention. Keep records of any communication regarding non-payment.

Filing a Petition for Rule Nisi (Contempt of Court)

This is a common legal action to enforce child support. A “Rule Nisi” is an order from the court for the non-paying parent to appear and show cause why they should not be held in contempt of court for failing to obey a court order.

Process

• You file a “Petition for Rule Nisi” with the court that issued the original child support order.
• You must provide evidence of the missed payments.
• The court will issue an order for the non-paying parent to appear.

Potential Outcomes: If the court finds the parent in contempt, it can impose various penalties, including:

• Ordering them to pay the back child support (arrearages) plus interest.
• Garnishing their wages.
• Suspending their professional licenses.
• Ordering them to pay your attorney fees.
• Incarceration (as a last resort, until they comply with the order).

Seeking Assistance from the Child Support Enforcement Division (CSED)

The Alabama Department of Human Resources (DHR) Child Support Enforcement Division provides services to help custodial parents collect child support. These services are often beneficial because they can pursue various administrative enforcement actions without requiring you to go back to court for every step.

Services Offered by CSED

• Income Withholding: This is the most common and effective method. An order is sent to the non-paying parent’s employer, requiring them to withhold child support directly from their paycheck and send it to the DHR.
• Intercepting Tax Refunds: Federal and state income tax refunds can be intercepted to pay past-due child support.
• Intercepting Unemployment and Workers’ Compensation Benefits: These benefits can also be garnished.
• Driver’s License Suspension: The non-paying parent’s driver’s license can be suspended until payments are made or a payment plan is established.
• Professional License Suspension: Occupational or professional licenses (e.g., medical, legal, contractor licenses) can be suspended.
• Passport Denial: For very high arrearages, a passport application can be denied.
• Reporting to Credit Bureaus: Unpaid child support can be reported to credit bureaus, negatively impacting the non-paying parent’s credit score.
• Liens on Property: Liens can be placed on real or personal property owned by the non-paying parent.

While DHR’s services are a valuable resource, some parents still choose to work with a private attorney for more direct legal action, especially if the case is complex or requires a more aggressive approach.

What Evidence Do I Need to Prove Non-Payment?    

To successfully enforce a child support order, having clear and compelling evidence of non-payment is important. The more documentation you have, the stronger your case will be.

Key evidence includes:

• Bank Statements: Records showing inconsistent or missing deposits of child support payments.
• Payment Records: Any official payment records from the child support clearinghouse or direct payment receipts if payments are made directly.
• Communication Records: Emails, texts, or letters discussing missed payments, payment arrangements, or the other parent’s acknowledgment of their obligation.
• Court Orders: Copies of the original child support order and any modifications.
• Financial Records: Documentation of expenses incurred due to the lack of child support, such as bills for necessities.

Maintaining meticulous records from the outset of the child support order can save significant time and effort if enforcement becomes necessary.

What if My Ex Claims They Cannot Pay?

A common defense to non-payment of child support is a claim of inability to pay due to job loss, reduced income, or other financial hardship. While a legitimate change in circumstances can warrant a modification of the child support order, it does not automatically excuse past non-payment.

• Modification vs. Enforcement: If there has been a material change in circumstances (e.g., a significant decrease in income), the non-paying parent’s proper course of action is to petition the court for a modification of the child support order. They cannot unilaterally decide to stop paying.
• Burden of Proof: The burden is on the non-paying parent to prove to the court that they genuinely cannot afford the payments and that their inability is not voluntary or due to a lack of effort.
• Imputation of Income: If the court believes the parent is intentionally underemployed or unemployed to avoid child support, it may “impute” income to them. This means the court will calculate child support based on what the parent could be earning, rather than what they are currently earning.

The court will assess the credibility of the non-paying parent’s claims and consider all financial circumstances.

Can Unpaid Child Support Accrue Interest?

Yes, in Alabama, unpaid child support accrues interest. This means that the amount owed will increase over time, providing an additional incentive for the delinquent parent to pay. The specific interest rate is typically set by state law. Accrued interest is part of the total arrearage that the court can order the non-paying parent to pay. This aspect adds a further layer of financial obligation to the delinquent parent, reflecting the ongoing financial impact on the children and custodial parent.

What If My Ex Files for Bankruptcy?

Child support obligations are generally not dischargeable in bankruptcy. This means that even if a parent files for Chapter 7 or Chapter 13 bankruptcy, their child support arrears typically cannot be eliminated. The obligation to pay child support and any accumulated past-due amounts will survive the bankruptcy proceedings. This is a critical protection for children and custodial parents, ensuring that this vital financial support remains a priority even in times of financial distress for the obligor parent.

How Can a Lawyer Help with Child Support Enforcement?

Navigating the legal landscape of child support enforcement in Alabama can be complex, particularly when dealing with an uncooperative ex-spouse or interstate issues. A knowledgeable attorney can provide invaluable support and guidance throughout the process.

An attorney can:

• Evaluate your case: Assess the strength of your claim and the best legal strategy.
• Gather evidence: Help you compile the necessary documentation to prove non-payment.
• File legal petitions: Prepare and file the appropriate documents with the court, such as a Petition for Rule Nisi.
• Represent you in court: Advocate on your behalf during hearings and negotiate with the other party or their attorney.
• Navigate complex issues: Address challenges like locating a non-paying parent, dealing with self-employed individuals, or handling interstate enforcement.
• Negotiate settlements: Work to secure a fair payment arrangement for arrearages.
• Handle DHR interactions: Guide you through the process of working with the Child Support Enforcement Division.

Having a dedicated legal representative means you don’t have to face these challenges alone.

Frequently Asked Questions About Unpaid Child Support

How long does it take to enforce a child support order?

The timeline varies depending on the specific circumstances of the case, the method of enforcement, and the responsiveness of the court and the non-paying parent. Some actions, like income withholding, can be relatively quick once initiated, while a contempt of court proceeding may take several weeks or months.

Can I modify child support if my ex’s income increases?

Yes, if there has been a material change in circumstances, such as a significant increase in your ex’s income, you can petition the court to modify the child support order. This typically requires showing a 10% or more change in the calculated support amount.

Can child support be collected retroactively?

Yes, courts can order retroactive child support. This means the court can order the non-paying parent to pay support for a period prior to the filing of the enforcement action, often back to the date the enforcement petition was filed or even earlier in some circumstances.

What if my ex is self-employed and hiding income?

Proving income for self-employed individuals can be challenging. An attorney may use discovery tools, such as subpoenas for financial records, tax returns, and business accounts, to uncover actual income. Forensic accounting may also be necessary in some cases.

Will I go to jail if I don’t pay child support?

While incarceration is a possible penalty for contempt of court, it is typically a last resort used when all other enforcement methods have failed and the court finds a willful refusal to pay. The primary goal of the court is to secure payment of child support, not to punish.

Alabama Child Support Enforcement: Contact Haygood, Cleveland, Pierce, Thompson & Short, LLP for Assistance

When an ex-spouse or co-parent fails to meet their child support obligations, it impacts more than just finances—it affects the stability and well-being of your children. The legal mechanisms in Alabama are designed to ensure these vital payments are made. Pursuing enforcement actions can be intricate, involving detailed legal procedures and potential negotiation.

If you have questions or need assistance with a child support enforcement claim in Alabama, contact Haygood, Cleveland, Pierce, Thompson & Short, LLP. Our legal team can provide support and help you seek the financial stability your children deserve. You can reach us at 334-560-1936 or contact us online for a consultation.