Non-custodial parents who feel dissatisfied with their custody order may be tempted to disregard some or all of the stipulations contained in the order. They may believe that the requirements are too strenuous or are unfair. Furthermore, they may find themselves in a financial position which makes compliance difficult at best. Do not give in to this temptation. It is better to contact a child custody attorney to apply for modificationof that orderratherthan to suffer any of the potential consequences for not following the custody order. Remember, verbal changes are not enforceable. You must file a petition for modification. A child custody attorney can help.
Court Ordered Payroll Deductions
One of the most widely used enforcement tools is a court ordered payroll deduction. This order will be sent directly to your employer and your employer is obligated to comply. Be warned, your first notification of this deduction may come when you see a greatly reduced paycheck.
Levies and Liens
For individuals who work independently, the court may order a lien or levy against tax refunds, lottery winnings, or any other government paid monies. These levy amounts will be paid in full prior to any distribution you receive.
License Suspension
Noncustodial parents who fail to comply with custody orders may also face a suspension of all state issued licenses. This includes driver’s licenses, hunting and fishing licenses, and any professional licenses you may hold. Depending on the type of license suspended, you may not be allowed to practice your profession until the issue is resolved.
Lawsuits
The state, on behalf of your child, may file a lawsuit for support. Like other consequences of non-compliance, this is not a situation to be taken lightly. You must consult a child custodyattorney to address this situation and protect your legal rights
Jail
As a last resort, the court may order the non-complying parent to serve jail time for non-payment. If this happens, the judge may also enter an order for restitution of support.
Goldstein & Scopellite, PC is located in Dallas, Texas and Tucson, Arizona and was established in 2002. For more information, see our local listing in D Magazine.
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