The Truth - the Winning Argument for Your Case

13 Nov. 2015

Part One: My Ex Is Not Paying Support On Time - What Can I Do To Fix This?

Posted By The Buncher Law Corporation


If your spouse, or soon-to-be-ex spouse, is not making court-ordered child support or spousal support payments on time, your most straight forward option is wage garnishment.

First, you need to carefully evaluate the court order that established the payments. Does it provide a payment deadline? Typical language usually provides for one-half the total support award to be paid on the first of the month, and one-half the support award to be paid on the fifteenth of the month (this is meant to coincide with standard pay cycles).
Note: If the court has not previously ordered support to be paid and your spouse is simply making voluntary payments, you need to make sure that this obligation is memorialized in writing and properly ordered by the court. This is essential!

Second, assuming that a valid court order has established a support obligation, you need to determine whether it is feasible to have the support payments garnished directly from your ex's employer. Garnishment is established with an Income Withholding Order (an "IWO"). An IWO must be prepared by you and submitted to the court for signature, with a copy of the IWO served on your ex. Once the IWO is signed by the Court, it can be served on your ex's employer. From there, the employer is under court order to garnish the current and past-due support, if requested, directly from his or her paycheck. The IWO will remain in effect until it is amended or terminated, or until your ex stops working for the employer.

You are entitled to seek an IWO at any time. Sometimes, in negotiated agreements, it is not uncommon to limit the payee's ability to seek garnishment unless it can be established that support payments are being paid late. If your court order provides for such delay, you will need to create a record of late payments made. If your court order is silent as to this issue, you are free to seek an IWO to secure your support.

To discuss your legal needs, call The Buncher Law Corporation today.

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