Enforcement of Support Judgments
There are two tools which may be used to enforce child support and alimony judgements.
1. Wage Assignment
This is a document executed by the payor authorizing his employer to deduct his support payments directly from his paycheck and send it to the Department of Revenue, who in turn delivers it to the recipient.
2. Contempt Proceedings
Whenever the payor is not subject to a wage assignment, and does not voluntarily make support payments, a complaint may be filed with the court who granted the divorce.
The defendant will then be summoned to appear at the courthouse where a mediator will help in reaching an agreement between the parties. If this does not work, the case will go before a judge where the defendant will have the burden of proving they have been, or currently are, unfit to pay the support (fired, laid-off, injured, etc). Other spouse will need to prove that the defendant has not been paying.
If the defendant can prove he is unable to pay, then the support judgment may be modified. If not, he may be found in contempt and would be ordered to pay the support that is owed and execute a new wage-assignment if appropriate.
Judge does hold the power to incarcerate for failing to pay support, but this is rarely done.
Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.