Leo Mongillo - What Happens When a Person Refuses to Pay Spouse or Child Support?

LEO MONGILLO - WHAT HAPPENS WHEN A PERSON REFUSES TO PAY SPOUSE OR CHILD SUPPORT?

If a court passes an order for family support, it becomes legally enforceable.

Support payment is also enforceable if there is a written agreement. The person receiving the support can approach the court in case of noncompliance. The court will take measures to ensure the payment of the support amount. The issue of non-payment can get emotionally and physically exhausting. A family attorney can do the paperwork and approach the court on behalf of his client. Child support and child parenting are two different issues. The paying spouse cannot stop paying support even if he cannot meet his child. The governments use many laws to enforce the payment of family support. According to Leo Mongillo the following measures ensure that the person pays dues on time:

Seizing of Payments to be Received from the Government: In the case of non-compliance with the order to pay support, the government can withhold any amount the person has to get from the government. The government can use Income tax refunds and insurance benefits to pay spousal and child support. The government will deduct a part of the employee’s salary or contractor’s payment to pay for the support that the person owes. The government can also withhold pension partly to clear family support dues.

Suspension of Passports and Licenses: The government has the right to cancel licenses and suspend passports of people who fail to pay family support. The government takes this step only if the person fails to pay more than three installments. An amount adding up to more than three thousand dollars can also lead to the cancellation of a passport. The person has to submit his passport and license within the stipulated time mentioned in the notice. The government cannot cancel the suspension without an order from the maintenance enforcement program. It is the last resort.

Other Enforcement Laws: The laws are different in different states. The government may levy a fine over and above the due amount. Sometimes the person may have to serve time in jail.

In some cases, the person might stop paying family support because of changes in their lives. They might have a new family to support, or an illness might force them to stop paying family support. The person can get changes made in the family support order. The government or the maintenance enforcement does not have the right to change the payment order. Only a judge can change the amount of family support after considering all the circumstances before a decision. The former partners can also agree and approach the court for consent. In the case of a former written agreement between the two parties, they may mutually agree to change the amount of support. They are bound to inform the court and the enforcement agencies.

Failure to intimate the authorities may lead to enforcement of the old amount.

There are many laws regarding receiving and paying family support. Things can get technical and confusing. A family lawyer will help with all the required paperwork and formalities. Mongillo law firm helps its clients in receiving their dues. They provide undivided attention to each of their clients.

SOURCE CREDIT: https://leomongillolaw.tumblr.com/post/674968875086102528/leo-mon gillo-what-happens-when-a-person-refuses

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