Child Support and How It is Enforced

By May 7, 2018Child Support

Why Pay Child Support?

As you probably already know, raising a child is expensive, and that remains true before, during, and after a divorce. Some ex spouses feel cheated for having to pay child support, or that their ex is getting the better end of the deal if they are awarded child support (or more than themselves). But it’s important to note that child support is calculated based the parents actual ability to pay, on the amount of parent time each parent has, and on a child’s current financial needs—or what the child is already used to. It’s not extra money or alimony; it’s just simply the amount of money needed to provide for the basic and current needs of the child. It’s used for things like food, clothes, housing, education, medical costs, etc. And it’s important to try to maintain a sense of normalcy and financial security for your child as much as possible during a divorce.

Child support shouldn’t be thought of as an award for the spouse and should never be held over the child dependent on your current feelings toward your ex. If your ex is refusing to pay child support, you are within your rights (and probably owe it to your child) to demand legal action.

How Is Child Support Enforced?

Here’s what can happen if your ex doesn’t pay child support:

You can enlist the services of ORS (Office of Recovery Services), who then garnish wages directly from your ex’s pay checks. If your spouse misses child support payments often or is trying to be sneaky about not paying, this is a good option. Know, however, that ORS does retain a small fee for their services, so if you can work things out with your ex to have him or her pay you directly, it does save money. It will also likely affect your ex’s credit score, and their employer and/or banking establishment will likely know about the garnishment.

You can have your attorney (or ORS) file for contempt against your ex for not paying court-ordered child support.

If your ex is found to be in contempt for not paying, they may have their driver’s license suspended, or even serve jail time

Getting Help with Your Utah Divorce Case

If you are looking into a divorce and need legal help, we’re here for you. You need to ensure you consult with a competent family law attorney that understands the legalities of child support during and after a divorce and will help put your mind at ease so you don’t get taken advantage of. At CoilLaw, LLC, Salt Lake City Divorce attorney Jill Coil knows how to advise you during a divorce to help you achieve the best settlement and/or result possible. At CoilLaw we are ready and available to help you through your legal action. If you need legal advice concerning a Utah family law issue, call Jill Coil at CoilLaw LLC in Utah at (801) 939-6027 today.