A divorce settlement is the final terms and conditions of your divorce. It can take a while to get to the point of settlement, especially in a contested divorce case and it is not always agreed upon by both parties. What a divorce settlement does is outline who gets what (how you will split up the assets and debts) and sets up a schedule for things like child support, alimony, and child custody.
A divorce settlement must be signed by both parties and accepted by the court as part of the final divorce decree. In some instances, this will not be the case. However, if the court has issued a divorce settlement, usually after trial, then both parties must adhere to the terms and conditions, even if you are not happy with what is being requested.
There are several instances where one party will not agree to the divorce settlement and will refuse to pay. This is especially the case when it comes to alimony and child support. If you are faced with a failure to receive child support or alimony and need assistance with the enforcement of the settlement agreement, then it is important to speak to a Minnesota divorce lawyer as soon as possible.
Enforcement of Child Support
In the state of Minnesota, child support is determined based on a specific formula set out in the statute. In order to enforce a child support obligation, a party must have established some level of child support in the courts. Once child support is established, the court has methods for collecting it.
What Happens when my Ex Does Not Pay Child Support in Minnesota?
If a party is on any form of public assistance, or for a nominal fee, the county will collect child support for you. This is done through automatic income withholding at your ex’s employer. Once the funds are transferred to the county, the county deposits the funds into an account set up for you.
If an obligor (the party responsible for paying support) has not paid child support for a period of time, the court allows you to proceed by filing paperwork demanding the other party pay. Penalties for nonpayment of child support include the possibility of being held in contempt of court or having a judgment entered against you. There is a possibility that you may go to jail for not paying a child support obligation.
Minnesota Divorce Settlement Enforcement Lawyer
If you are on any form of public assistance, the county is reimbursed for the funds given to you for support through the child support awarded. Since the county has an interest in collecting child support, they take an active role in making sure the payments are made. Often, the county will initiate any court action necessary for you to receive your payment. However, for parents not on public assistance, it is your burden to ask the court for help in collections. It is helpful to contact a family law attorney to get more information on the process and to determine your next steps in collection.
