My Ex is Refusing to Pay the Full Amount of Child Support Until the Court Has Processed the Withholding Order. Can He Do That?

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‘My ex and I entered into a child support agreement in 6/09 in Indiana, at which time he was required to pay $69.24 per week plus 1/2 of weekly daycare fees. We modified that agreement through mediation effective 8/1/11 and filed an income withholding order with the court. The court is taking a long time to process the new paperwork and my ex refuses to pay the new amount until it is withheld from his paycheck. He is currently only paying the $69.24 and no daycare so he is paying less now than before the modification. I’ve been told that the child support is retroactive to when the new papers were signed however it is up to the ex to pay the new amount until the IWO goes into effect. Is he considered to be in arrears even though he is paying some money? Will the courts become involved to collect the arrears or is it up to me to collect it somehow? The new amount should have gone into effect almost 6 weeks ago and has accumulated to almost $1000.00 difference (new amount – 69.24 x 6 weeks).’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Child support amounts do indeed take effect once the order is entered, so unless your situation is very unusual, your ex is indeed accruing arrearages. Most counties have a child support collection unit at the District Attorneys (DA) office, and so your first stop should be your local DA office to see what you need to do to get them to assist you.

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Author: House Attorney

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