According to CBS News, approximately 30% of payments are not being paid at all and less than half are paid in full. This has created a nation-wide child support deficit of $10 billion.
If you’re owed child support, it can be difficult to figure out what you can do to remedy the situation. And, with so many parents in a similar situation, you may wonder if it’s even worth it. It is! The truth is, you can do a handful of different things to get your ex to start paying what they owe.
Gather as Much Evidence as You Can
If you believe your ex is actively avoiding paying child support by working under the table, deflating their earnings, or inflating their expenses, strive to gather as much evidence as you can. For example, if you have proof that they are working, take down the contact information of the company. You may need to pass it on to your attorney later.
Other forms of evidence may include emails, text messages, receipts, witness statements, and more. Anything that helps your case may be needed later. Be sure to keep it all.
Turn to Your Local Child Support Enforcement Division
A court order to pay child support is enforceable by the state. If your ex is not adhering to their court order, you can inform the New Mexico Child Support Enforcement Division. They will help collect the child support and may pursue legal options to get your ex to comply. Their powers include, but are not limited to:
- Withholding wages
- Intercepting income tax returns
- Revoking professional licenses
- Suspending driver licenses
- Denying passports
You don’t have to pay for any of the state’s efforts to collect child support, even if they decide to take your ex to court. That makes this a great option if money is an issue.
Hire an Attorney and Take Them to Court
Having the state fight your case is an inexpensive option. However, it is not always an expedient one. What’s more, you cannot influence their avenue of attack. If you want to expedite the process, or if you want a say in how to pursue the case, you must hire a private attorney.
An attorney has all the powers the state does and may get your case in front of a judge much quicker. They can also have your ex held in contempt of court for the failure to pay court-ordered support. In extreme cases, your attorney may be able to ask for a more severe punishment, such as jail time or a fine. All in all, hiring an attorney is a more aggressive move for getting the money you’re owed.
Ask the U.S. Office of the Inspector General for Help
It can be tricky to pursue child support if your ex lives in another state or country. This is where the U.S. Office of the Inspector General (OIG) can help. If your ex has not paid child support for more than a year and owes more than $5,000 in arrears, the OIG may levy fines against your ex and threaten them with prison time to get them to pay.
If your ex is not paying child support as ordered, your need to ramp up the pressure and use all of the resources at your disposal to get them to pay, and that includes hiring an attorney. If you would like to hire an attorney to fight for you, or if you have questions regarding child support law in New Mexico, contact the Law Offices of Lynda Latta LLC today to see what your options are. Protect yourself today.