Posts

COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

DadsDivorce sponsor, Cordell & Cordell, is producing a podcast series examining how the Coronavirus pandemic is affecting specific family law issues.

Each week, the firm is hosting a free weekly webinar about COVID-19 and divorce. In the podcast, Cordell & Cordell divorce attorneys dive deeper into one of the specific topics covered in the webinar.

In the latest episode, Cordell & Cordell CEO Scott Trout and divorce attorney Will Halaz III examine how child support and alimony payments might be affected by the pandemic.

Across the country, employees are being laid off and furloughed as businesses take hits due to stay-at-home and quarantine orders. What happens if you face a sudden dramatic change in your income or employment status but are still facing monthly child support or alimony payments?

Mr. Trout and Mr. Halaz discuss this topic and more in the latest episode.

Click the link below to listen to the full episode. Also make sure to subscribe to the podcast on iTunes or whichever podcast app you prefer.

The post COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast appeared first on Dads Divorce.

Read More –>

What goes into an award of spousal support here in Texas?

What goes into an award of spousal support here in Texas?

Originally published by On behalf of Laura Dale.

Very few people come out of a divorce without some financial impact. Any time the same income must stretch over two households instead of one, both parties will experience some adjustments to their finances.

What the courts want to make sure of is that one of you doesn’t experience a significant drop in income while the other party receives an unfair financial advantage. Under these circumstances, spousal support may be appropriate.

How do the courts come up with the amount needed?

Of course, the first hurdle for anyone requesting spousal support is to prove a need exists. After you show that you do not earn enough to support yourself without help, the court will then assess how much you need in order to make up for the difference between what you bring in and what you need for support. Below are generalities regarding what the law says about amount and how long you will receive spousal support:

  • You could receive either up to 20% of your former spouse’s gross income or $5,000, whichever is less.
  • If you or one of your children who resides primarily with you has a disability, you could receive spousal support indefinitely since your need may not end.
  • If you were married for at least 30 years, you could receive alimony for up to 10 years.
  • If you were married between 20 and 30 years, your alimony will more than likely end after a maximum of seven years.
  • If your marriage lasted between 10 and 20 years, you may receive spousal support for up to five years.
  • If your spouse was abusive and you were married less than 10 years, you could receive alimony for no more than five years.

Within the confines of these limits, you and your future former spouse may not agree on duration and amount. If that happens, you will need to present evidence to the court to support your position, whether you are the one needing spousal support or the one who may end up paying it.

You don’t have to go it alone

Nothing less than your financial future is at stake regardless of which side of the issue you are on, so it would be wise to enlist some experienced legal assistance for help. An attorney knowledgeable in Texas law will provide you with an understanding of your rights and an explanation of what you face, along with your legal options.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



Read More –>

The Coronavirus Pandemic – My Thoughts and Support

The Coronavirus Pandemic – My Thoughts and Support

 

There is no more pressing issue today than the Coronavirus pandemic that is sweeping the planet. And all of us are heartbroken by the ravages it is inflicting on our societies.

Most of us in every country in the world are now confined to our homes, with our families; doing everything we can to stay healthy and sane and not crumble from fear.

But what about those people who are stuck indoors long term with a narcissist, with nowhere to go, wondering if they will survive this catastrophe.

In today’s Thriver TV episode I want to show you the common threads between narcissism and the Coronavirus outbreak and how to help yourself get through this crisis.

And, of course, offer you my loving support through this unifying human ordeal.

 

 

Video Transcript

Today I want to talk to you about the coronavirus pandemic.

Never before, in our lifetimes, have we experienced such a crisis. Most of us never believed such a situation could ever happen.

Individuals, entire communities and systems are crumbling.

I know many of you have lost your job and are now faced with all sorts of hardships.

You may be stuck with narcissists right now, in quarantine, not knowing how you can survive this.

And, there are many of you who have your children being kept away from you by narcissists because of the Coronavirus situation.

What does all this mean?

What is it showing us?

How can we respond?

I really hope I can share with you how I feel about the Coronavirus pandemic in today’s Thriver TV episode.

 

The Correlation Between This Situation and Narcissistic Abuse

It’s incredible how many correlations there are between what is happening right now and experiencing narcissistic abuse.

I know that many of you are now going through both situations simultaneously.

All of it triggers fear.

Lots of fear.

Which brings up the feelings of being powerless, helpless and not having control in the situation. Here, just like with narcissistic abuse, you don’t have control. You have no idea of a timeline, outcome, where this will end up, and the state you will be in when it is finished.

Of course, this is terrifying.

 

The True Solution to Out of Control Situations

The most important thing, now and always, when you don’t have any control over the outside, is to take your power back on the inside.

In times of overwhelm, horror, and literal survival programs being triggered, when your life and hopes for the future are being threatened, it may feel impossible to become fearless. Especially when horrible things have happened or are happening or could happen.

Regardless, the most important work is to lose the fear.

Before narcissistic abuse and Thriver Recovery, I would have said to you that it is impossible to lose the fear unless something on the outside changes so that there is nothing to fear anymore.

Now I know that this is not the way that Quantum Creation works.

I have seen it, so many times in my life and in other people’s lives, that regardless of how shocking things are, when you turn inside to lose the fear and start to value the state of your emotional soul health over and above everything else, that the most incredible synchronicity, solutions and support can appear.

As a profound shift.

Even when logically, no support seems possible.

You see, your superconscious self, teamed up with every available permutation that exists in “life”, has “a way”.

God/Source/Life is unlimited. There are no limits regarding what this Force can create.

In times of great crisis, we are being pushed to become extraordinary.

What is occurring is incredibly crippling, causing devastation to so many individuals and groups of people, in ways that we could never imagine previously.

I know this is huge. I know this is one of the biggest calls ever to lose the trauma and the fear of what is happening right now. And I know that you may have already been smashed by this. And my heart goes out to you in spades.

However, I know that this is what we are being pushed to do right now. We are being called to create an extraordinary emotional, empowered uprising that could not only change your life forever as a result of what you’re going through but also significantly up-level our world.

Those of you who are now Thriving after being narcissistically abused have already made the Quantum Switch.

Meaning, emotionally from the inside out, you created your own personal breakthrough into your values, truths and the health of your soul regardless of the insane, seemingly unstoppable brutal treatment you received from the narcissist.

Against all logical and “reality” odds, you then experienced your passage from the bowels of hell into the glory of your True Self and True Life.

Even when you were diagnosed with health conditions such as C-PTSD and other diminished realities, such as other devastating health conditions, financial annihilation and accumulated losses on horrific levels, that you were told you would never recover from.

You didn’t just recover, you burst forth into a Self and Life that was more buoyant, confident, healthier and expanded than the life you were experiencing even before you went through narcissistic abuse.

Why?

Because, rather than try to deal with the narcissistic environment that was out-of-control and uncontrollable, or stay focused on the devastation that it brought you, you turned inside to release all of your trauma that was inside you to come home to a solidness, power and faith within yourself that was unshakeable, and literally unstoppable.

This was the dedication, to resurrect your inner world, even when your outer world lay in tatters at your feet.

As you stepped into your soul graduation of Who You Really Are, the narcissist lost all power over you, and a whole new world of possibility, synchronicity and miracle came into view.

Then you understood the truth, that within the experience that you know as your life every permutation is available, regardless of how circumstances seem. What presents in your experience, as your experience, is the match of the inner experience that you consciously cultivate.

When you lose your fear and become emotionally solid, even before anything shifted outside of you changes, even when there is no way … a way must appear.

It’s Quantum Law – so within, so without.

From every cell within my being, know that the same truth exists here within this pandemic, regardless of outer evidence.

This is the Thriver Way.

This is how we discover just how powerful we are.

The incredible irony is, in non-extraordinary times we are never pushed to find this gear. Often, we just cruise along because there are too many distractions keeping us away from shifting into our true power, and quite frankly there is no urgent necessity to.

The greatest evolution is usually brought on by the times when we are the most powerless, terrified and helpless. It’s by overcoming our inner deepest fears, that we mine our most spectacular gold.

Narcissists push us to do that.

So do global pandemics.

 

A Beautiful and Powerful Channelled Message

I want to share with you something that was sent to me just recently. Its origin is from Jeff Vander Clute who is CEO of “Sourcing the Way”. Jeff is a visionary and channel for World-Changing Times.

This is what Jeff shared:

“After listening to people talk about the Coronavirus for weeks, I had the inspiration to tune into this novel life form and ask it to tell me about itself. What came through was a list of its top-five gifts, followed by a message for humanity. I will admit to being somewhat surprised by the information. My hope is that these words will help people to trust that life is acting with benevolent wisdom.

The gifts of the virus:

1) Slowing down humanity’s frenetic activities
2) Activating networks of cooperation
3) Spreading helpful DNA
4) Upgrading humanity’s immune system
5) Creating the conditions for peace and well-being

Here is the message that the Coronavirus had to share:

My friends, it is true that I am here to bring closure to the inharmonious ways of being that are causing harm to humans and the whole web of life. All the same, I am not a vengeful being or anything that is intended to be destructive. I am simply the rebalancing agent in the overall equation of life’s evolutionary process. By fighting me with fear in your hearts, you oppose the larger natural systems and cause me to take other forms.

What I am, and my fundamental purpose, will not be deterred, for I am life itself acting through the available forms of distribution. The virus that you see me as is one of an endless series of permutations. This kind of process is one of the ways I innovate life forms and deliver new DNA sequences that will eventually be shown to be helpful. The back and forth between humanity’s collective immune system and the virus is raising consciousness as humans examine their interactions, and it is literally increasing the intelligence of the superorganism that is the species as a whole.

These tests are normal. I repeat: These tests are normal. For those who can hear this message and embrace me easily, you already know that fear is a much more lethal poison. For those who will not be comforted by these words, one day you will know that I come as an act of love. When you can open to the love that is at the very heart of this situation, the crisis that your media and governments decry will transform into a flower of life, spreading new consciousness and multiplying circles of cooperation. Pay attention to your thoughts and see if you can identify the benefits of redirecting humanity’s attention from incessant wars and violence to the common “enemy” that I am willing to be perceived as.

Love will go this far, and farther, to bring healing to the mind of a young species that is still in the process of remembering itself as a divine incarnation. Yes, you are a divine incarnation capable of fabricating realities based on goodness and beauty and compassionate understandings, actions, and beliefs. Believe me when I say that I, too, am here as an act of compassion. Accepting me in this way will lighten your heavy burden for the divine sends only love your way. Sometimes this love takes curious forms in order to circumvent your intricate defenses against waking up to your own glory. I can assure you that the most functional strategy will be to embrace me as a friend of the human family.”

I truly hope that Jeff’s message has been able to bring some love and relief to you.

 

We Are All in This Together

When being narcissistically abused you may have felt like you were going through this alone. That is why this community is so incredible because we have, or are, all going through this together.

And now, we really are all in this together.

As humanity itself.

And, as Jeff so beautifully channelled, rather than distrust and fight and war with each other, we now have the opportunity to come together.

We can anchor into love, kindness and the recognition of what is really important.

We have the ability to reach out and assist in this situation. We can offer a helping hand, an act of benevolence, the sharing of our resources and our loving support.

We can be kind. We can demonstrate Love itself.

And, we can sign up to our most important mission that we ever have as a human being in our time on this planet. Which is overcoming the fear and pain within the only person who we have the power to do that with, ourselves, to become and lead the way as a loving, empowered solution for ourselves and others.

When our personal life can no longer go on as normal, we can no longer avoid, ignore or make excuses for the parts of ourselves which are not working, that we didn’t want to confront. Or the patterns and people in our life who are not representative of our values and health, and any false trajectories that we are living that are not true for us.

These times signal a season of profound personal catharsis, as an incredible growth and evolutionary opportunity.

In this time of deep incubation and unavoidable triggered emotional trauma, our Inner Beings deeply need our attention to emotionally integrate and heal.

I know that these times are tough. Hard beyond measure, and terrifying in ways that we’ve never had to experience before.

Yet, I also know that in the greatest fear lies the brightest gold and that so many of us, myself and every other activated Thriver in this community, is deeply dedicated to going for gold.

There is nothing else to do if we want to save our own lives emotionally, and possibly literally, as well as enhance everyone we love and everything we touch.

Losing our fear and becoming peace and power is the only thing to do, to help birth, through us, a brand-new world.

I know that we have the power to do this, one person at a time.

If this deeply resonates with you, and you know you have to find another way to get through this, I want to help you achieve your powerful passage through this.

Please come into my free webinar.

In this webinar, I take you through how to recover from the fear and pain of narcissistic abuse, and I want you to understand that what I’m sharing is exactly relevant to overcoming the fear and powerlessness with the Coronavirus pandemic as well.

It’s exactly the same healing that’s required.

It’s all about purging the fear and taking back your power.

I really hope that this has helped, and my heart and love go out to you in spades.

And I can’t wait to connect with you with my love and support in your comments and questions below.

 

Read More –>

Resources to Help Deal With Child Support After Divorce

Resources to Help Deal With Child Support After Divorce

Though you may be in need of financial support, it’s not always easy to understand the ins and outs of child support if you’ve never had to deal with it before.

The post Resources to Help Deal With Child Support After Divorce appeared first on Divorce Magazine.

Read More –>

No One Can Touch My Retirement For Child Support or Alimony, Right?

No One Can Touch My Retirement For Child Support or Alimony, Right?

Retirement funds are not all safe from being taken to satisfy child support or alimony/spousal support obligations.

The post No One Can Touch My Retirement For Child Support or Alimony, Right? appeared first on Divorce Magazine.

Read More –>

Divorce Support Groups: How to Find the Right One for You

Divorce Support Groups: How to Find the Right One for You

Divorce Support Groups help you deal with the pain and loss of the marriage and support a healthy recovery. There are several benefits to divorce support groups, but finding the right one is more than a matter of location.

The post Divorce Support Groups: How to Find the Right One for You appeared first on Divorce Magazine.

Read More –>

husband seek spousal support

Can Your Husband Seek Spousal Support?

husband seek spousal support

 

There are several concerns in divorce cases, depending on your circumstances. These can include child custody arrangements, child support, the division of your marital property, and spousal maintenance – also known as alimony.

While a spousal maintenance award is never a given and the issue doesn’t come into play in every case, there are divorces in which maintenance plays an important role.

Whether your husband can seek spousal support or not will depend on a variety of variables. Understanding the basics as they relate to spousal maintenance can help you make decisions that protect your rights throughout the divorce process.

Can Your Husband Seek Spousal Support?

Maintenance Awards

Spousal maintenance is generally predicated on financial disparity. If, for example, you are the primary breadwinner and your husband was the primary caregiver for your children throughout your marriage, he might be able to successfully seek alimony until he is able to begin working and supporting himself. There are, however, a number of considerations to take into account. Generally, the longer you were married and the greater the difference in earning ability and assets between the two of you, the greater the chance that your husband will be eligible to seek spousal support.

Will Your Husband Be Awarded Alimony?

Every divorce comes with its own highly specific financial circumstances, but the general rule is that if your husband lacks the means to provide for himself and is incapable of attaining appropriate employment right away, he might be awarded maintenance.

This means that if your spouse is unemployed or simply doesn’t earn enough, if his portion of the marital assets aren’t sufficient to make up the difference, and if he doesn’t have the education, skills, or experience to obtain a job that would provide him with the necessary means to support himself – the court might look to you to help him move forward post-divorce with financial support.

It’s important to recognize, however, that alimony is very rarely a permanent proposition. Instead, alimony is a stopgap measure that will be used to help your ex find his financial footing after the divorce. Generally, the longer your marriage and the greater the financial disparity, the longer the alimony period.

Determining Spousal Maintenance

Every determination regarding alimony is specific to the individual situation, but there are some basics that almost universally apply. The court will take a variety of factors into careful consideration in determining whether alimony is appropriate and, if so, what its duration should be. These factors can include:

  • The duration of your marriage (having been married for ten years or more can play an important role)
  • The age and health status of both you and your husband
  • How your marital property was divided (each of your post-divorce assets)
  • The level of education each of you has (including your level of education now as compared to your level of education when you married)
  • Your earning capacity in relation to your husband’s earning capacity
  • The tax consequences related to your divorce
  • The contents of any premarital or postmarital contractual agreements (a prenup, for example)
  • The amount of time it will likely be necessary for your husband to become self-supporting at a level that’s comparable to the one you maintained as a married couple
  • Any contribution that your husband made to your education or to further your career during the course of your marriage
  • Any other circumstances that the court deems relevant

if the court determines that your husband is entitled to maintenance, it will then go about calculating the appropriate amount and duration, which will be predicated on your ability to pay while still satisfactorily supporting yourself.

What Does Maintenance Cover?

Maintenance can be a mechanism for making property division more equitable, a means of short-term support to help your ex-husband become financially self-sufficient, or a permanent support strategy for a spouse who has a limited ability to earn that cannot be rectified or who is outright unemployable (because of a disability, for example). Permanent maintenance is far less common than temporary maintenance.

When it comes to the division of marital property, there are instances when maintenance can help make the distribution more equitable. For example, if you own and manage a business that supported your family throughout your marriage, it can be very difficult to value and/or divide the business for divorce purposes.

If you keep the business, the court may award your ex-husband maintenance to help smooth out any disparity in the property division. Further, if your husband didn’t work or was underemployed during the course of your marriage, the court may award him temporary maintenance while he finds his way back into the work world and begins earning a sufficient salary.

Mitigating Circumstances

In most situations, there simply is no guarantee of maintenance. If the judge finds, for example, that your ex was taking advantage of your generosity by not working throughout the marriage, he or she could deny maintenance.

Further, if your husband’s marital misconduct – such as overly lavish spending or an extramarital affair – brought about the dissolution of your marriage, the judge can take that into consideration in determining whether maintenance is appropriate or not.

Perhaps more than any other divorce issues, the question of maintenance is highly specific to the situation at hand and often hotly contested. If you have maintenance concerns, you need the professional legal counsel of an experienced divorce attorney on your side.

The post Can Your Husband Seek Spousal Support? appeared first on Divorced Moms.

Read More –>

Choosing the people who will make up your support team for divorce.

Who Should Be on Your Divorce Support Team?

Building a personal and professional support team can help you navigate all the issues that come up during a divorce.

Read More –>

Court Lifts Texas OAG Suspension of Driver’s License for Failure to Pay Child Support

Court Lifts Texas OAG Suspension of Driver’s License for Failure to Pay Child Support

Originally published by Kelly McClure.

By

The Texas Office of the Attorney General (OAG) is responsible for certain child support services, including collecting and enforcing Texas child support orders.  Recipients of certain public assistance programs may automatically qualify for the OAG’s child support services, but others have to apply for the services.  The OAG has a variety of ways to enforce child support, including filing liens, issuing writs of withholdings to the parent’s employer, suspending driver’s licenses, and intercepting tax refunds or other money from state or federal sources.

In a recent case, a father challenged the OAG’s enforcement actions against him.  The father was ordered to pay child support beginning in December 1996.  The court also issued an Order Enforcing Child Support Obligation in October 1999, including a cumulative money judgment for $15,000 plus interest against the father in favor of the Attorney General.

In 2015, the OAG sent a notice of child support lien to the father’s bank and issued administrative writs of withholding to his employers.  The OAG also filed a petition with the State Office of Administrative Hearings for the father’s driver’s license suspension.

 

The father filed a motion alleging the OAG violated provisions of the Texas Family Code because it failed to obtain a cumulative money judgment within 10 years of the child becoming an adult.  The OAG did not appear at the hearing.  The trial court lifted the driver’s license suspension, rescinded the writs of withholding, declared the child support liens void, and ordered no further wage withholding.

The OAG filed a restricted appeal.  The OAG argued the trial court did not have subject matter jurisdiction over the driver’s license suspension because the relevant statute required the father to file his petition for review in Travis County district court.  A proceeding regarding the suspension of a parent’s driver’s license for failure to pay child support is governed by the Administrative Procedure Act.  The Administrative Procedure Act requires a person seeking judicial review of a contested case to file the petition in a Travis County district court unless another statute provides otherwise.  TEX. GOV’T CODE ANN. § 2001.176.

The father did not file his petition in a Travis County district court.  The OAG argued that the trial court did not have subject matter jurisdiction over the issue.  The appeals court, however, found that that the statute did not grant Travis County district court with exclusive jurisdiction, but instead provided a mandatory venue.  Mandatory venue, the court noted, may be waived if a party fails to make a timely objection.  The OAG had not made a timely objection.

The OAG also argued the trial court had exceeded its subject matter jurisdiction in enjoining additional administrative writs of withholding.  Under TEX. GOV’T CODE ANN. § 22.002(c), only the Texas supreme court has the authority to issue a writ of mandamus or injunction against an officer of Texas’s executive departments to order or compel performance of a duty state law authorizes the officer to perform.  The appeals court noted  the OAG is an officer of the executive department and is authorized to enforce and collect child support through administrative writs of withholding.  Thus, only the supreme court could enjoin the OAG from issuing such writs in this case.  The appeals court found that the portion of the order stating that “no further wages be withheld in this cause…” constituted an injunction.

The appeals court vacated the part of the trial court’s order that enjoined the OAG from issuing additional administrative writs of withholding and affirmed the rest of the order.

The OAG will become involved in certain cases involving public assistance.  Although parents in other cases may seek the OAG’s assistance, parents should be aware of what OAG enforcement entails.  Once the OAG is involved, the parents are not able to choose which enforcement actions will be taken.  If you are facing a child support issue, an experienced Texas child support attorney can help you consider your options and protect your rights.  Call McClure Law Group at 214.692.8200 to set up an appointment.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



Read More –>

child support

Child Support: Options For Enforcement Against The Non-Paying Parent

child support

 

Success!

You’ve received an Order from the Court that requires your Ex to pay you child support each month, as well as an Order that your Ex pay some percentage of costs for things like extracurricular activities and extraordinary medical expenses for your child. The long legal battle is over, and you can rest.

Then, a few months later, the inevitable happens.

Your Ex does not pay.

Now what?

Options For Enforcement Against The Non-Paying Parent

Fortunately, for those parents who have been awarded child support and/or reimbursement for extracurricular or extraordinary medical costs, the law provides several options for enforcement against the non-paying parent (“Obligor”).

Unfortunately, this process can be confusing, and many legal practitioners – and even Judges – struggle to understand which options apply in certain scenarios. (In any case, a party may seek a Citation for Contempt against a party that has failed to comply with a Court Order, but the focus of this article is enforcement, i.e.; how to get money in-hand).

To provide some guidance on enforcement options, the most common scenarios are addressed below:

My Ex has been ordered to pay a specific amount of child support each month and has not made the payment(s).

Under Colorado law, a child support payment is converted into an enforceable support judgment on the day that it is due and not paid, and immediately begins to accrue interest at a rate of 12%, compounded monthly. In cases where payments have not been made for many months or even years, the amount of interest owed on the unpaid child support can exceed several thousand dollars.

However, the operation of law that converts a missed payment into a support judgment does not magically deposit funds into your bank account. In order to obtain actual funds from the Obligor, you will need to file a “Verified Entry of Support Judgement” with the Court reflecting the timeframe at issue, the amount that should have been paid, the amount that was actually paid, and the interest accrued thereon.

Once this document is filed with the Court, you may seek enforcement against the Obligor’s employer, bank accounts, and property by way of liens or a Writ of Garnishment. There are pro’s and con’s to each method of enforcement, however, it is important to remember that support judgments are not dischargeable in bankruptcy.

While it may take some time to recover all of the funds owed to you, you will continue to accrue interest on the principal amount owed and the Obligor is unlikely to escape ultimately paying the judgment over time.

In the case of garnishment with an Obligor’s employer, you will begin receiving payments directly from the employer each time that the Obligor receives a paycheck. However, Colorado law sets limits for the percentage of earnings that may be garnished, so you may receive smaller payments towards the total amount owed until that amount is paid off.

When garnishing a bank account, you will be limited in the amount that you recover by how much money the Obligor has in the account. For instance, if you seek to recover $1,000.00, and the Obligor only has $100.00 in the account, you will only receive $100.00 until/unless the Obligor places more funds into the account in the future.

Alternatively, a lien against property is a viable option and may result in a lump-sum payment, however, you may not receive the funds until the property is sold or otherwise transferred.

My Ex has been ordered to pay a percentage share of extracurricular expenses and extraordinary medical expenses but has failed to do so.

A distinction has been made, however, between amounts owed that are “sum certain,” such as the set monthly amount of child support, and payment of expenses that may fluctuate over time. Most often, this situation presents itself in cases where a party is ordered to pay a percentage amount owed towards extracurricular or extraordinary medical expenses for a child.

For example, if an Order requires that a party contribute 50% of the cost of extracurricular or extraordinary medical expenses for a child, the actual dollar value of that amount may fluctuate from month to month. Certainly, there will be months when there are no extraordinary medical expenses, and other months when there may be significant expenses (perhaps a child has broken an arm). The same is true for extracurricular costs.

This issue becomes even more complicated when there is specific language in the Court’s Order regarding notice to the other party about the amount of the expense, timelines, and requirements for exchange of receipts and/or invoices, and whether the agreement of both parties is necessary for the expense to be reimbursable.

When dealing with this scenario, the very first step is to ensure that you have complied with all of the notification and exchange of documentation requirements necessary under your specific Court Order. If you have done so, then any failure by the opposing party to pay the amount owed will result in a support judgment, subject to the same interest and enforcement procedures as described in the previous section.

However, because the amount owed can be subject to debate (the other party may claim that you failed to provide documentation or notice as required, or may even dispute the actual amount spent or owed), you cannot simply file a Verified Entry of Support Judgment and immediately seek enforcement. Instead, you must file a “Motion for Entry of Support Judgment” and request that the Court enter an Order awarding you the support judgment and certifying the amount owed.

In this scenario, the Obligor has a due process right to file a Response with the Court, disputing the amount at issue and/or your compliance with the notice and documentation requirements, and may even request an evidentiary hearing regarding these issues. Unlike enforcement of a “sum certain” amount of child support owed, you cannot seek a Writ of Garnishment or enter a lien against property in this scenario until you have received an Order from the Court regarding your Motion for Entry of Support Judgment.

However, once you receive an Order granting your Motion, you may seek the same enforcement options described above.

My Ex has failed to pay both the monthly child support amount AND their contribution to extraordinary expenses.

In the case that your Ex has failed to pay both a “sum certain” amount of child support and has failed to pay their portion of extracurricular and/or extraordinary medical expenses, you will need to seek enforcement under both options outlined above.

You will need to file a Verified Entry of Support Judgment for the amounts owed and not paid as specific child support, and a Motion for Entry of Support Judgement for any amounts that would have been subject to debate or fluctuation over time and seeking a Court Order establishing the amount owed as a judgment.

The post Child Support: Options For Enforcement Against The Non-Paying Parent appeared first on Divorced Moms.

Read More –>