Once an order of the court is in place, all terms and conditions contained therein must be complied with as written. If a party is willfully refusing to comply with the terms of a court order, that party is subject to an action seeking a finding of contempt of court against them for their failure to comply. Most contempt actions are brought as a result of the failure of the non-custodial parent to pay child support as directed or disobeying a visitation order. The custodial parent’s right to receive child support becomes vested when each payment becomes due and the receiving parent has an absolute right to receive support as ordered, irrespective of the non-custodial parent’s circumstances or conditions.
Failure to make any child support payment is in violation of the court order and may result in the person who violates the order being fined or jailed. Additionally, the person who fails to comply with a court order to pay support may be required by the court to pay the necessary attorney fees and court costs of the person seeking support payments. If a parent does not pay child support as ordered, his income may be garnished to not only withhold his or her current child support but also to withhold an additional amount to bring any child support arrearage current. Collection of support can be extremely time-consuming and stressful on the individual attempting to collect. Our firm can handle the intricate and complex details involved in collection of child support for you.
David CunninghamJohn A. Singer