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(801) 254-9450 (801) 254-9450 A divorce decree or custody order includes a written obligation for one or both parents to provide financial support to their child. However, getting an order from the court is not always enough. You may also need to take action to get your co-parent to pay what they owe.
At Carr | Woodall, our child support attorneys could answer your questions and help you take action when support payments are not being made. We could advise you of your options while working with the other party to recover the support owed. Instead of taking on this challenge alone, let our Heber City child support enforcement lawyer take on the burden of the process, so you can continue to focus on your children.
In Utah, you can enforce a child support order as soon as the other parent fails to make a required payment. There is a common misconception that a parent has to be a certain number of payments behind first, but that is not the case.
A support order becomes enforceable once the court enters it, and each missed payment is treated as a judgment by operation of law. In other words, you do not have to file a new lawsuit to start enforcement proceedings. Our attorneys could guide you through this process for child support enforcement in Heber City.
The state provides several strong enforcement tools to collect unpaid child support. However, the first step our Heber City attorneys take when enforcing child support orders is simply reaching out to the other side. It is always possible that the missed payment was a mistake, and in some cases, a few words from an attorney could be enough to calm tensions and get your former spouse to comply. However, not all of these disputes can be dealt with through negotiation.
If this does not work, we could help you pursue enforcement through the court or through the Office of Recovery Services (ORS), which has the authority to take administrative action. One common method is income withholding. The court can order the paying parent’s employer to deduct support directly from their wages. This is often the fastest and most reliable way to ensure consistent payments.
It is also possible to seize federal and state tax refunds and apply those funds to past-due support obligations. ORS can also place liens on property as a way to secure compliance. The state also allows license suspensions for non-payment, including driver’s licenses, professional licenses, and recreational licenses. These measures often encourage compliance when other methods fail.
In more serious cases, the court may find a parent in contempt of court. While it is uncommon, a judge could sentence a person to jail for contempt of court after they refuse to pay their child support.
Child support orders in Utah are not permanent. You can request a modification if there has been a substantial and material change in circumstances. This may include:
The state also allows for a review if applying the current child support guidelines would result in a difference of at least 10 percent from the existing order. In many cases, this provides a clear path to adjustment without proving hardship alone.
It is worth noting that if the other parent has a reasonable excuse for why they can no longer make their payments, they have the power to petition the court to change what they owe. Your Heber City child support enforcement attorney could advise you on whether or not what they are asking for is reasonable.
You have rights when it comes to enforcing support obligations, and your children deserve the money they are owed from their other parent. If your co-parent is dodging payment, Carr | Woodall could help you take legal action to secure the late payments. Call us and speak with our Heber City child support enforcement lawyers today.