Most people know that divorce can wreak havoc with your life. One of the most difficult things about getting a divorce is trying to protect your children from getting caught in the crossfire. Unfortunately, this is often unavoidable, especially if your ex-spouse refuses to pay child support. A divorce can be expensive and can cause significant disruption to your lifestyle. This is especially true if you are forced to support your children on your own without the aid of child support and/or alimony. If you are having trouble collecting the child support that is due to you, a child support lawyer in San Jose may be able to help. There are various legal options available to you, and an attorney can help you explore these options. You may not be able to protect your children from all of the emotional fallout of a divorce, but at least you can work to ensure that they are receiving the child support that they are entitled to.
Conflict
Due to the emotional nature of most divorces, there is often a lot of resentment that accompanies the paying of child support. Your ex-spouse may feel that he or she is being forced to give you money, rather than understanding that the money is intended for your children. It is easy to be guided by negative emotions and to lose sight of the bigger picture. In some cases, a letter from your attorney will remind your ex-spouse that child support is a legal obligation, and that there are penalties for withholding payment. If this doesn’t solve the problem, you can look into having your ex-spouse’s wages garnished. This means that the state government will automatically deduct child support payments from your ex-spouse’s paycheck. Your attorney can help you get this process started, and help you fill out the necessary paperwork.
Resolution
If for some reason you are unable to garnish your ex-spouse’s wages, you may need to file a petition with the court system. This will require your ex-spouse to appear before a judge and explain his or her failure to pay child support. A child support lawyer in San Jose can represent you during this process and help ensure that your child’s rights are protected by the court.
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