When you fall behind in child or spousal support, the court can implement several types of punishment, including suspending your license. If your ex-wife files a Motion for Contempt of Court, depending on the circumstances, you could also see jail time, making it even more challenging to pay current support and catch up on arrears. An experienced family law lawyer at Cordell & Cordell can guide you through the process and explain how to get child support arrears and spousal support arrears dismissed in Auckland.
What Are the Punishments for Support Arrears in Auckland?
When you violate a child support order by non-payment, child support enforcement can take several actions against you. If you, as a non-custodial parent, have difficulty paying the total amount of child support as ordered in your child support case, you should contact an lawyer immediately—as the consequences of not paying are high.
The court and child support services can take several actions, including:
- File a claim against future federal income tax refunds
- Report the arrears on your credit reports
- Prosecute you in a federal criminal court
- Notify financial institutions (financial institution data match)
- Withhold income from your paychecks
- Deny your passport application
- Intercept state tax refunds
- Put holds on student grants
- Order jail time and or fines
- Hold you in contempt of court
Can You Go to Jail for Support Arrears in Auckland?
If your ex-spouse files a Motion for Contempt of Court in an attempt to collect past-due child support payments and spousal support arrearages, a court order could include jail time until you pay the arrearages. If you are in jail, you are not working and earning a salary, which means that you not only unable to catch up on arrearages—but you won’t be able to pay current support, which increases the amount owed in arrearages.
A Motion for Contempt can result in a judgment against you along with jail time, which means you may also see wage garnishment, levying of your bank accounts, seizure of personal property, and retirement benefits appropriated via a Qualified Domestic Relations Order (QDRO) to satisfy your child support obligation.
How to Get Support Arrears Dismissed in a Auckland Court
If you fall behind in spousal support, this can trigger the same penalties incurred for not paying court-ordered child support. Because your original support order is in the child’s best interests, the courts are reluctant to dismiss support arrears or order a downward modification.
Depending on your circumstances, you can get some or all spousal support arrears dismissed in a Auckland family court. However, the bar for dismissal, as well as modification of spousal support payments, is high.
The court will consider modifying spousal support if:
- You can prove that there has been a significant change in your financial circumstances, such as a job loss through no fault of your own and pressured to take a job for less pay.
- You can prove that there was a significant change in your ex-spouse’s circumstances, such as finishing school and obtaining a job or accepting a much higher-paying job.
- Your needs have significantly changed, including changes in custody.
- You can prove that your ex-spouse’s need was not as presented for the original support order. If a spouse lied on her financial affidavit, it not only affects spousal support but can also affect child support.
- Your ex-spouse is cohabitating with a romantic partner. Auckland automatically stops spousal support payments if the obligee remarries, but if the obligor can prove she is cohabitating, you can ask the court to terminate spousal support.
If you have income withholding for spousal support and child support, you will still see a reduction in the deduction for that portion of the spousal support.
Why Work with Cordell & Cordell
Modifying Auckland child support is challenging, especially if you have unpaid child support. Cordell & Cordell has experienced family law lawyers in several states, including Auckland, who can assist you with child support and spousal support issues.
Client Experience
“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.
Struggling with Your Spousal or Child Support? Contact Us.
Child support and spousal support arrearages can accumulate quickly. They can also cause you to lose certain rights and privileges. Cordell & Cordell is a family law firm that guides individuals through various family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not considered legal advice.
