Can I stop paying child support if the custodial parent is not following the court order?
In Wisconsin, noncompliance with a court order–including a child support order–can result in sanctions. That means the court can take action to enforce the order. The specific action will depend on the nature of the violation. If the custodial parent is not following the court order, it is important to take the necessary steps to file a Motion to Enforce the Order. This most often requires consulting with a qualified family law attorney. An attorney can help you draft a motion and present your case to the court. If the Motion to Enforce is granted, the court could order the custodial parent to comply with the court order. The court may also require the custodial parent to pay any court costs or attorney’s fees for the parent who filed the motion. If the custodial parent continues to disobey the court order, the court could even hold him or her in contempt, which could result in fines or jail time. In the end, the decision to file a Motion to Enforce or not is up to you. It is important to remember that no matter what your obligations, child support is in place for the benefit of your child. Before making any decisions, it is recommended to speak with a qualified family law attorney.
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