An unfortunate reality of post-settlement divorce is that whatever terms were agreed on are not always honored by the other spouse. Whether it is alimony or child support, sometimes the other spouse simply refuses to pay the amount agreed upon or refuses payment altogether. This may leave divorcees in a highly undesirable position, as they are unable to maintain the standard of living they or their children are used to. Fortunately, there are options for Illinois residents who find themselves in such a position.
According to U.S. Census data, the majority of ex-spouses fail to meet the terms of their divorce settlements. As such, it can be incredibly trying to get a non-paying ex to honor the terms of a divorce arrangement. An increasingly popular option for divorcees who are burdened with an ex-spouse who refuses to pay child support or alimony is the use of Qualified Domestic Relations Orders — or ODROs, for short.
QDROs are usually employed to ensure that the division of a spouse’s retirement plan, as part of a settlement, is equitable. It is becoming increasing common for courts to sanction their use in regards to child support. If the ex-spouse does not pay child support or alimony, then the missing funds can be taken from the ex-spouse’s retirement plan.
This is one strategy to enforce child support payments from spouses who are guilty of delinquent payments. Though it is effective, it may not be the best strategy for every parent. As such, it is important that each child support enforcement plan is tailored to each individual situation. With a personalized legal strategy, divorcees can better their chances at enforcing child support and receiving payments from an ex who refuses to honor the divorced couple’s settlement.
Source: Forbes, “How To Get Your Ex-Husband To Honor The Financial Terms Of Your Divorce Settlement,” Jeff Landers, Feb. 19, 2014