Divorce Questions - Child Support Collection
The obligation to pay child support is created by an order of the court. Failure to obey a court order is
subject to a wide range of enforcement options to force obedience. Courts may warn, fine, incarcerate, or order
community service. They may also consider divorce questions and modification of support obligations more
favorably if one party is in default. The court however must receive a request to enforce payment. Most often,
this request is filed by a civil attorney as a Motion to Compel Payment of Child Support.
Note Regarding Divorce Questions
- Divorce questions pertaining to the law are properly resolved by a judge. Lawyers should be able to advise
clients on the likelihood of success when arguing a more favorable interpretation.
- Divorce questions relating to the best interest of children are also resolved by the court, ordinarily
based upon expert reports and expert testimony.
- Divorce questions relating to factual disputes are properly determined by a jury, unless the parties agree
to a non-jury trial. In non-jury trials, the judge acts both as the court and finder of fact.
- Practical divorce questions regarding minor issues are usually resolved by the agreement of lawyers or
spouses without court involvement.
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