Enforcement of divorce orders can be frustrating, especially if problems develop months or years after the divorce is finalized. The last thing you want to do after a divorce is spend months in family court again. However, the enforcement of child support orders will make your life and your child’s life easier in many situations and can ensure that your former spouse is held accountable for his or her actions.
If you are seeking to enforce an existing order, you may need to contact an experienced family law attorney. At Contreras Law Firm in San Diego, we have successfully represented clients in a wide array of post-divorce modifications and custody or support enforcement matters.
Enforcement Child Support Orders
In cases involving child support, the paying parent sometimes does not have the money to make the payments or may simply choose to ignore the order. Courts are especially stringent on going after back child support from parents who have not paid for years. Enforcement can also occur with regard to alimony payments.
When one party blatantly disregards a child custody or child support agreement, the other party is entitled to enforce the provisions of the agreement through a court order. This may lead to increased support in some cases.
What Do I Do If The Other Parent is Behind on Child Support Payments?
If you’re expecting child support payments and they don’t come, you may be feeling overwhelmed and unsure of what to do. Take these steps:
Document Everything
Start by keeping records of every payment and missed payment, including dates, amounts, and the method of transfer. Save messages, deposit slips, and copies of any checks or online payment receipts.
Review Your Child Support Order
Make sure you’ve got a current, official copy of your child support order. Confirm the payment amount and payment schedule.
Calculate the Arrears
Take the total amount due according to your order and subtract what has actually been paid. Add up every partial payment, missed payment, and calculate exactly how much the other parent owes you.
Contact Your Local Child Support Enforcement Agency
California’s local and state child support agencies help enforce orders at no direct cost to you. They can help collect arrears, garnish wages, intercept tax refunds, put liens on property, or sometimes suspend licenses until payments resume.
Work with a Lawyer and File a Motion for Enforcement or Contempt
If you haven’t been able to get the help you need from government agencies, you should speak with a San Diego family law attorney as soon as possible. They can file a motion to enforce the order or initiate contempt proceedings, potentially resulting in fines, wage garnishment, or even jail for willful nonpayment.
Methods California Uses to Enforces Child Support Orders
When a parent isn’t paying court-ordered child support in California, there are tools and penalties that can be used to motivate payment or punish the non paying party.
Wage Garnishment
One of the most common ways back child support is collected is through wage garnishment. The state can order an employer to automatically withhold a portion of the parent’s paycheck each pay period and redirect those funds to cover these payments.
Tax Refund and Payment Intercepts
The California Department of Child Support Services (DCSS) can automatically redirect tax refunds, lottery winnings, and even some government benefits towards unpaid child support.
Property Liens
Unpaid child support can trigger liens on a house, car, or other valuable property. This legal hold means you can’t sell or refinance real estate (or possibly withdraw funds from some accounts) until your child support debt is cleared.
Credit Reporting and Damage
Unpaid child support is routinely reported to credit bureaus. Falling behind can rapidly hurt your credit score and make it difficult to get loans, apartments, jobs and more.
Passport Denial or Revocation
If you owe $2,500 or more, the federal government will deny a new or renewed United States passport.
Contempt of Court
Willful refusal to pay support can lead to contempt of court orders. This could mean fines and even jail time.
Driver’s License and Professional License Suspension
Your driver’s license, along with professional certificates needed to work as a contractor, therapist, nurse, and in many other trades, may all be revoked or suspended if support isn’t up to date.
Impact of Bankruptcy
Filing for bankruptcy won’t wipe away back child support payments. The law treats support debts differently from credit cards and medical bills.
Learn More About Your Child Support Enforcement Options
The San Diego child support enforcement lawyers at Contreras Law Firm have experience in all types of California family law matters and can assist you in drafting and serving the necessary documents. Call us today at 619-238-0616 or send us an email to schedule your free consultation.