Twin Cities Child and Spousal Support Lawyer
When a non-custodial parent fails to meet his or her court-ordered financial obligations for child support as stated in the divorce decree, he or she may be found to be in contempt of court. Whether you are the party pursuing missed payments or the support payor, it is in your interest to obtain an experienced family law attorney to represent you and to protect your rights.
At Meinerts Law Office, P.A., in Burnsville, Minnesota, we provide legal services for parents and couples seeking assistance with family law matters such as divorce, property division, alimony, child custody and support. Contact our firm to schedule a free initial consultation with attorney Merlyn Meinerts.
Legal Actions to Take Against Offenders
For the custodial parent who has allegedly not received support payments for the child involved, he or she can obtain an order to show cause. This is an order from the court demanding that the payor appear in court and demonstrate why he or she has failed to make the ordered payments. In other words, why he or she has not been meeting the financial obligations ordered in the divorce decree. If the alleged offender is found to be in contempt, an evidentiary hearing will be scheduled to determine the person's ability to pay.
Other enforcement actions may also be considered in addition to the order to show just cause. These include seeking an entry of judgment for delinquent child support payments or spousal maintenance. For unpaid family support, the receiver can obtain a garnishment of wages or of bank accounts.
Defense for Alleged Nonpayment of Family Support
For alleged offenders, the evidentiary hearing allows you and your lawyer to present your case as to why you have not kept current with your family support obligations. Often, evidence presented may include change of income or a financial catastrophe or other event that will demonstrate the inability to pay.
If the court is persuaded that you have experienced just cause for lack of payment, it can establish purge conditions allowing you to purge yourself of contempt by following certain restrictions. It may also establish payment guidelines that differ from the original divorce decree.
Before withholding child support or alimony payments, speak with Attorney Merlyn Meinerts. He can assist you with petitioning for post-decree modifications and avoiding contempt of court charges for violating the terms of the initial divorce decree.
Free Consultation With Lawyer Merlyn Meinerts
Burnsville lawyer Merlyn Meinerts represents mothers and fathers involved in family law and support disagreements. Call 952.236.4562 or fill out our simple contact form for a free initial consultation.
