Post-Divorce Collections in North Carolina
When an ex-spouse falls behind on court-ordered support payments, North Carolina law provides ways to enforce and collect what’s owed.
What Are Post-Divorce Collections?
Post-divorce collections refer to payments one former spouse owes the other after the divorce is final, primarily child support and spousal support. These payment terms may come from a separation agreement or a court order.
When Is Help Needed for Post-Divorce Collections?
When a former spouse fails to meet their child support or spousal support obligations as required by a court order or settlement agreement, the affected party can seek help through post-divorce collection. This typically involves filing an enforcement action against the ex-spouse who has violated the terms. The court reviews the matter and can enforce payment, including any back payments that were skipped.
Collections and Modifications
A spouse who is obligated to make payments after a divorce can file a petition to modify support, whether child support or spousal support, if there has been a substantial and material change in circumstances. In that situation, the other party generally cannot enforce collection until the modification request is resolved. The party requesting the modification carries the burden of proving the substantial and material change.
Why You Should Seek Legal Assistance
Voluntary Underemployment
An ex-spouse may deliberately become “underemployed” to avoid payment obligations. An experienced attorney can help address this tactic in a collections action.
Proving Changed Circumstances
If a substantial change in circumstances is claimed as a defense, it must be proven to the court’s satisfaction, otherwise, the collection action can proceed.
We at McIlveen Family Law Firm have worked with numerous clients on post-divorce collections and enforcement matters, helping them recover the support they are legally owed.
Common Questions
What happens if my ex-spouse stops paying child support?
You can file an enforcement action asking the court to compel payment, including any missed back payments. The court has several tools available to enforce compliance.
Can my ex avoid paying by quitting their job?
Courts can look closely at cases of voluntary unemployment or underemployment and may impute income based on a person’s earning capacity rather than their actual reported income.
Can support obligations be reduced instead of enforced?
Yes, if the paying spouse can show a substantial and material change in circumstances, they may petition to modify their support obligation rather than face a collection action.
How far back can I collect missed payments?
Collection actions can generally reach back to cover support that was owed and unpaid under the existing order or agreement, though specific timeframes depend on your case’s circumstances.
Explore More on Family Law in North Carolina
Owed Support Payments?
Our family law attorneys can help you enforce a support order or defend against a collection action.