I get some pretty interesting questions coming in from readers and site visitors.  I thought why not share them on the blog once a month?  Everyone can benefit from a little extra information and I’m sure you will relate to selected questions.  Please note, I do not give legal advice nor do I disclose the person’s real name. So, welcome to Dear Lisa-Reader Question of the Month;

Dear Lisa,

How can I get my husband to pay me my court ordered child support? I’m thinking about going back to a judge. He says he doesn’t have a job anymore and can’t pay. He just stopped. I haven’t gotten any support for 6 months.  My Son is 4.  I have to pay for his pre-school not to mention all the other costs.  HELP. – Susan

Hi Susan,

There is a silver lining here believe it or not.  Since you have a court order outlining the payments to be made by your husband as opposed to a verbal agreement which is not legally binding, you simply have to take the next step and have the order enforced.

I do not recommend going back to court, in front of a judge because that will land you in the same boat.  You may walk out with a second order or worst case scenario, your husband may oppose the current order giving the Judge reasons to reduce the amount payable on the existing order.  Not to mention, you will be poorer after paying a lawyer to represent you.  You don’t want that.  What you want is for him to start paying you, period.

Instead, go directly to your Province or State’s Family Maintenance Enforcement Department.

Here, you will fill out an application providing detailed information on your ex husband including physical description (include a photo if you can), his driver’s license number, any other licenses he has, place and name of Employer etc. You will also need a copy of the signed and sealed court order.   Also, since your Ex hasn’t paid for 6 months, you will calculate the amount owing (called ARREARS) and this will also be collected on your behalf.  Once you have completed the application ‘package’ you will send it in to the department for processing.  When your application is completed, you will be contacted with a file number, i.d. # and password.  NOTE: The Department will not allow any negotiating between you and your ex once you are registered.

The set up process can take up to 4 weeks or more.  The application package is quite extensive so you want to make sure you’re including everything they require.  Missing items will only delay your file.

Once your file is activated, the department will communicate with your Ex and act on your behalf.  He will likely begin paying immediately to avoid driver’s license restrictions, income garnishee and fees and penalties for late payments.

The bonus? You get your support without paying extra costs for a lawyer or fighting with your ex. It works like a charm.

The drawback? They system is not perfect and sometimes they make mistakes.  You have a responsibility to ensure they are well informed and always include updating information for them.

Your Homework

Google your local (State or Provincial) Family enforcement office on the internet.  Read through their site to get the application details, rules, requirements to understand YOUR enforcement agency.

The Take Away

Court orders are virtually useless if the person is not following the order.  Utilizing your Family Enforcement office will ensure your Ex pays and follows the order on an ongoing basis.

I would love to hear from you.  If you have a burning divorce question, submit it and I’ll try my best to give you an answer and who knows? Your question might help thousands of other women and men.

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