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Enforcing Child Support

There are no exceptions. Every state places a duty on each parent to support their children, regardless of whether the parents are divorced, unmarried, or separated. In spite of these laws, however, it is all too often that a parent will shirk this duty, leaving their kids without the support they need. The good news is that lawmakers have responded, and courts now have more ways to enforce payment from deadbeat parents.

But first, child support orders have to be in place. This could be part of a divorce, or you could file a request with a court for a child support order. You can also ask to establish paternity if need be. A judge could directly decide the amount of child support, or both you and the other parent could decide on the amount, then ask a judge for approval of this agreement. Either way, a court order is produced, one that has to be followed.

If you already have an established court order for child support, but the other parent is not paying this, then you can turn to a family law attorney. A legal advocate can present your case to a court, which in turn has the power to enforce any of the following penalties, if not all of them:

Wage garnishment. This income withholding or deduction would come straight out of the non-custodial parent's paychecks, which would go to the custodial parent for child support.
Federal income tax intercepts. The state has the option of diverting a delinquent parent's tax refund in order to make up for unpaid child support.
Driver's license penalties. A court could decide to suspend or revoke a deadbeat parent's driver's license, or even a professional license.
Passport restrictions. If necessary, passport renewal could be denied to the non-custodial parent in order to force them to stay in the country.
Contempt of Court. A custodial parent and their attorney can ask a judge to hold the other parent in contempt of court for missing payments. As child support is something that a court orders, the nonpayment of child support can be treated as a criminal offense, with the delinquent parent facing a jail sentence and fines.
In particularly serious cases when the other parent lives out of state, federal penalties could be triggered.

If your child's other parent is not providing the financial support that they are supposed to, then you have legal recourse. It is important to note that you cannot interfere with any of the other parent's custody or visitation rights, as these are also court orders. Instead, a dedicated and experienced Denver divorce lawyer from our firm can help you achieve a legal enforcement of child support. Learn how you can protect your child's rights when you contact Sturniolo & Associates today!

Sturniolo & Associates - Denver Divorce Attorney
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