Q: How can I collect past due child support from my former spouse or father of my child?
A: You must motion the matter before the Court through contempt proceedings. Contempt proceedings can be designated as either civil or criminal, and further designated as direct or indirect contempt. Each missed child support payment is entitled to statutory interest. This is simple interest at the rate of 9% per year which starts to run with each payment that is missed.
Q: Can I collect attorney’s fees for enforcing a child support order or other enforcement matter?
A: Yes, only if the non-complying party is found in contempt or his/her non-payment is without compelling cause or justification.
Q: If my child turned 18 years old, does my child support obligation automatically end?
A: No. You must first contact an attorney from Cartwright Law to determine whether your child is emancipated. If the answer is affirmative, you must file the appropriate motion in court to determine child support due to emancipation.  The Order must be modified and specifically state that the child support isterminated and when.
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