Going through a divorce can be a very traumatic and combative experience. It can be even more challenging when there are children involved. Aside from the difficult emotional aspects of a divorce, the practicalities can be complicated to figure out, such as issues surrounding child support payments.
It’s essential to have as much information regarding these payments and how they’re enforced so that you know your rights and make sure you receive what you’re entitled to. If you’re having issues with child support payments, contacting an attorney who specializes in family law is highly advisable.
How Are Child Support Payments Determined In California?
To enforce child support payments, there must be a court order determining the responsible party and how much they’re required to pay. If all you have is an oral agreement with your ex-partner, this likely won’t be enforceable. Even if you’re on good terms with your ex and have an agreement, it’s in your best interest to put the agreement in writing and have it approved by a judge.
Otherwise, if there’s an argument or a disagreement, or your ex simply decides they don’t feel like paying child support anymore, you’re out of luck and will have no way to force them to continue making the agreed-upon payments.
If You Can’t Agree On Child Support
If you and your ex are unable to agree on child support, you can take one of the following actions:
- File an action for child support on your own, using the forms that are on the California Courts’ website
- Hire a lawyer who can petition for child support payments on your behalf
- Speak with your local child support agency and request that they submit a petition for child support on your behalf. In California, the local agency is the California Department of Child Support Services (DCSS).
Enforcing Child Support
Once child support is ordered, it might seem like the easy part is over. In some cases, this isn’t always true. Just because support is ordered doesn’t mean your ex is going to comply with it. If your ex refuses to pay child support or was paying child support but has since stopped, you can take the following actions to try to enforce the child support payment ruling:
Motion For Contempt
If a parent refuses to pay court-ordered child support in California, the courts can hold them in contempt of court. This means the judge believes the parent willfully disobeyed a court order. When someone is held in contempt, they can be put in jail and/or required to pay fines. Generally, the jail term would end as soon as the party agrees to right the wrong and pay the child support. If the party refuses to pay and continues to disobey the court, they will remain in jail for a lengthier time and will face hefty fines once they’re released.
If the parent refusing to pay child support shows up in court and informs the judge that they aren’t paying because they aren’t able to, the judge will likely allow them to make some sort of payment plan without serving any jail time. This is all very fact-specific and is ultimately up to the judge.
Other Court Orders
If a judge doesn’t wish to hold the parent in contempt, there are other actions they can take to try to enforce the payment of child support, including the following:
- The judge can fine the parent, but they generally don’t tend to do this because they’d prefer that any money goes directly to child support rather than to court fines
- The judge may sentence the delinquent parent to community service
- The judge has the ability to order the delinquent parent to pay child support and any court or attorney fees that the other parent had to pay to try to enforce the payments
- The judge can order the delinquent parent’s property to be sold to pay child support
- The judge can order a lien to be placed on the delinquent parent’s property or land
- The judge can garnish the delinquent parent’s wages so that child support is paid
- The judge can order the delinquent parent to pay child support from their pension, veteran’s disabilities, social security benefits, unemployment compensation, or any other source of income
Contact Bruce A. Mandel Today For Help With Child Support Payments
If you need more information or help regarding child support payments in California, don’t hesitate to contact Bruce A. Mandel today. Bruce A. Mandel has more than 27 years of experience handling cases involving child support. When you contact him, you know you’re in good hands. Be sure to follow him on Facebook for more information about his firm. Call today at (424) 250-9130 or fill out the contact form to schedule a FREE and confidential consultation.
