In Washington, spousal maintenance and child support duties are an important legal aspect of divorce agreements. Some Kent residents may have experienced the difficulty that ensues when an ex-spouse fails to follow these legal obligations.
According to the U.S. Census Bureau, only 50 percent of parents who are entitled to child support receive payments in full. And, one quarter of those who are ordered to pay are not paying anything at all. Though the Census does not track spousal maintenance, we know that many people who have been awarded alimony are in a similar situation.
If you find your ex-spouse is not sticking to the spousal or child support settlement, it is important to familiarize yourself with potential courses of action.
Often, delinquent child support payments are easier to tackle. If your spouse is failing to pay, the Washington State Department of Social & Health Services can seek many methods of recourse through its Division of Child Support, including:
• Garnishing wages
• Intercepting funds, such as tax refunds
• Placing a lien on real estate or vehicles
• Filing criminal charges
Alimony is not as simple to recover as child support because Washington does not have a state agency for this. However, there are still actions that you may take.
Here are some suggestions to ensure proper spousal support:
• Refusing to pay spousal support as written in a divorce agreement is contempt of court. A judge can order garnished wages or the interception of other funds; however, you will need to go to court to accomplish this. You may want to start this process by contacting your divorce attorney.
• Sometimes, the reason spousal support agreement is not being honored is because one or more parties find it outdated. This sometimes happens when one party's financial situation changes. Because a divorce settlement is a legal document, in order to change it you may want to contact an attorney about seeking a post-decree spousal support modification.
• Keep records. This applies to the support awarded, as well as the date and amount of each payment received.
• If you are still going through a divorce, it is important to come up with an appropriate spousal maintenance agreement in the beginning. A qualified family law attorney can assist in these matters.
Source: Forbes, "How Can a Divorcing Woman Get the Child Support, Alimony She is Owed?" Jeff Landers, Dec. 14, 2011
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