Actions to Take When Your Child’s Co-Parent Fails to Comply with Your Child Custody and Support Arrangements
Ideally, when child custody arrangements have been approved by a judge, the involved parents should comply with them. Unfortunately, this does not always happen. If you are in this situation, trying to co-parent with an ex-spouse who doesn’t want to cooperate or abide by the rules the court set forth can be quite frustrating. In addition, when this co-parent refuses to comply with their obligations, confusion and issues in your child’s life can be created. Thus, you need to take action to force this co-parent to fulfill their parental obligations. A family law attorney in Mankato can help you enforce a child support or custody order and ensure your child’s best interest is protected.
Enforcement of a Child Custody Order
Is the co-parent of your child refusing to comply with the child custody order’s terms? If so, you can take action to remedy the situation. Just ensure you are complying with these terms yourself to ensure the co-parent won’t have grounds for taking actions against you. Make sure you document each instance in which this co-parent fails to comply with the order, so you can support your argument when you go to court to enforce the order.
If the matter cannot be resolved outside of the courtroom, you or your attorney can file a motion to enforce the order or hold your child’s co-parent in contempt. A court may find it necessary to make changes to the custody arrangement, fine the co-parent for violating the arrangement, or select a suitable penalty.
Child Support Order Enforcement
If your child’s co-parent does not pay the court-ordered child support, you can enforce the order and get the money you are owed with the help of your family attorney. You should file a petition to ask the court to enforce the support agreement and hold the uncooperative co-parent in contempt. If the co-parent is found to be in arrears and has not paid the debt before the hearing on this matter, the court may hold them in contempt and order them to pay the amount owed. The co-parent can be arrested if they don’t appear for the hearing.
Should the co-parent continue to refuse to fulfill their obligations, you can request the issuance of documentation that would let you request garnishment of this co-parent’s wages. If your petition is granted, you can recover a certain percentage of the wages to provide for the support of your child.