What do you do when you have an order from the court for child support but the other parent fails to pay, or pays less than the amount ordered? How do you enforce the order? When this happens, you are owed rear support and have rights to enforce your child support order. Attorneys at Family Law Center can help you file the correct paperwork and provide legal advice as to your entitlements.
You may need a wage and earnings assignment order. A wage assignment order is served on the other parent’s employer authorizing the employer to withhold income directly from the other parent’s pay and sending it directly to you. You must obtain this order in the same court that ordered the child support, and the amount cannot exceed 50% of the other parent’s net disposable income. There is a specific process for filing, obtaining, and serving a wage assignment order, a process that our attorneys can guide you through in a manner that is less stressful than filing it on your own.
If you are owed rear child support, the wage and earnings assignment order can also include payment for the past-due amount owed to you. Our attorneys can complete the necessary court forms to request a hearing to ask the court to determine the total past-due support amount including interest. One of our attorneys is also an accountant and can assist you with that determination.
If you decide to proceed on your own, any delay due to errors you make by not following the proper procedure may end up more costly than hiring an attorney. If you decide to go through DCSS, there may be a time delay due to the backlog of cases. You may want to check with them to see how long it will take to obtain their help as the time delay may not be worth the wait. It is difficult to navigate the court system without legal assistance.