What If My Ex Doesn’t Pay Court-Ordered Child Support?
Under Minnesota law, an unpaid child support obligation becomes a judgement as a matter of law on the day it is due. In other word, if your decree states that child support is due on the first of the month and it is not paid on that date, it legally becomes a judgment that is due. To collect on that judgment, however, you need to take action.
First, you need to need to file an affidavit of default with the court. This affidavit must contain certain information, including the date or dates payment was due and not received and the total amount of the judgments to be entered and docketed. In addition, you need to serve the other person with a notice of intent to enter and docket judgment. You may also ask the court to award you your fees and costs incurred in seeking the judgment.
Once these documents are filed with the court, the court administrator will enter and docket the judgment. This allows you to begin collection proceedings such as garnishing wages or funds from bank accounts. If the other party disputes the failure to pay, he or she can ask the court to hold a hearing on the issue. The only issue at that point is whether or not the payment was made: if it was, the judgment will be vacated; if it was not, collection may continue.
To discuss collection of child support or any other family-law matter, contact Kruse Family Law PLLC at 612.231.9865 or email firstname.lastname@example.org.