This is the next article in my series on collecting back child support in Las Vegas and other areas of Las Vegas. My last article discussed how Nevada calculates unpaid child support. These calculations are not necessarily straightforward and can involve determining income from several different timeframes. Having an experienced attorney to assist you is important to making sure that the matter is handled correctly. In this article I will discuss how a parent may collect back support after it has been ordered by the Court. If you need assistance then contact my office today to speak with an attorney.
When a Court enters a judgment for back support then a typical scenario involves the Judge ordering the parent to pay a certain amount each month, towards the arrears, while making all current payments. If the paying party fails to meet these obligations then the Judge may choose to hold them in Contempt. A Contempt finding can result in the paying parent facing potential jail time, financial penalties, and having to pay the other parent’s legal fees. It should be noted that a Court’s first choice is typically not to jail a parent. Several warnings will often be given before incarceration is imposed. The Court’s goal, after all, is to gain payment of support and a parent typically cannot make the payments if they are incarcerated.
A second option for a parent is to enforce the judgment through a levy and garnishment. This can mean garnishing the wages of the paying party and having the constable seize bank accounts and other assets of the paying parent. When a party chooses to move forward in this manner, they must be able to instruct the constable as to what is to be garnished. A step which can be taken to identify income and sources of assets is to make the paying party sit for a “judgment debtor exam.” This is a deposition in which the paying party can be required to provide information (including documents) about their finances.
A third option for collecting on unpaid child support is to go through the District attorney’s office. This will often result in a wage garnishment. If the paying party changes jobs, then the garnishment may stop and it may take time for it to re-commence.
All of the foregoing options obviously have pros and cons. Your attorney will assist you in determining what course of action best fits your particular situation. I am a Las Vegas child support lawyer who practices only in the area of family law. I will make sure that you understand all of your options and that you are kept up to date as the matter proceeds. If you or a family member are in need of assistance then contact us online or by telephone today. We look forward to speaking with you.