Thursday, March 15, 2012

How are you paying your child support?

All to often I meet with prospective clients who have found themselves on the wrong end of a contempt citation for alleged failure to pay their child support obligation.  Often confused and bewildered, these prospective clients are surprised with the allegations due to the fact that they have in fact been paying child support directly to their former spouses, or paying the child support sums in other means, such as payment of bills, payment of their kids expenses or other forms of payment.  Unfortunately, I all to often have to advise them that their failure to strictly adhere to a court order on how to specifically pay child support may result in their having to double pay the child support.
If you are divorced or an unmarried parent of a child, you should clearly review your divorce or support decree to ensure that you are paying your support obligation in a manner that strictly adheres to that decree.  Often, support is ordered to be paid to the state central collection depository and often by way of an income withholding order.  It is a common mistake for parents to disregard these specific orders due to informal agreements made with their former spouse.  If you have an informal agreement with your former spouse or co-parent, it is important that the agreement be made formal, in writing, and that it is submitted to your judge for approval.  Failure to do so can result in the all to common scenario I have observed of many prospective clients.  If you have been ordered to pay by way of an income withholding order or to a specific state agency, but have not been doing so, our attorneys can assist you in appropriately setting up these accounts to ensure that you are covered.  If you have entered into informal agreements with your former spouse, we can also assist you in formalizing these agreements in a manner that the court can approve.

 If you are considering a divorce or currently going through a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

To discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC attorney, call 317.DIVORCE or click here to contact us online.

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