Custodial Parents Need to Take Quick Action on Overdue California Child Support
There are more than 60,000 cases of past due child support in Orange County, which is equal to more than 50 percent of child support cases being overdue, according to the California Department of Child Support Services. Divorced parents should know that child support laws still apply even when one of the parents moves out of the state. Federal laws mandate cooperation between the states, so it is only a matter of time before these issues will catch up with a person who is trying to evade paying court-ordered child support.
Some parents battle with the scenario of their ex always paying late or never the full amount.
What is sad is that some exes do this to spite their ex-wife or ex-husband, but it really hurts the child. In turn, millions of kids are not receiving the support that helps them live a happier, healthier life. Before things get out of hand, there are enforcement methods to make every effort to get an ex to pay. Custodial parents should not just give up, and child support attorneys can help to make sure your child support order is followed. Courts can also require an obligor to pay one year of child support up front. Your ex must show proof of the deposit. This child support “security deposit” will get put into an interest-bearing account and withdrawals can only happen with court authorization.
One of the easiest ways to ensure child support is paid for is through wage assignment. The employer of the obligor can be served an earnings assignment order, which means that the child support will be automatically deducted from the ex’s earnings. These orders also show that the ex must notify you about a change of employment, and the new employer’s contact info, within 10 days of being on a new job.
A judgment lien can also get assessed on your ex’s real property if they owe past due child support. The lien is recorded with an Abstract of Support Judgment. Then, when the debtor tries to sell the property or get a loan from the asset with the lien, he or she will be forced to pay it off. Most lenders and purchasers of this property will be unable to proceed when there is a lien on the property, so this effective enforcement method should be reviewed.
A custodial parent can also enforce child support payments through a writ of execution. A county sheriff, marshal, or registered process server will serve the obligor with the writ of execution. This will seize the funds, real or tangible personal property, or sell the real or tangible personal property and deliver to proceeds to the custodial parent.
Custodial parents should know that timely action is needed to get the child support you are due. Contempt proceedings can be held to enforce the child support order or judgment. Every month where your ex has not paid in full can be punished as separate count. And they can be responsible for paying the custodial parent’s legal costs due to the enforcement proceedings.
For more information or to schedule a consultation with Orange County divorce attorney Gerald Maggio, contact The Maggio Law Firm by calling (949) 553-0304 or visiting www.maggiolawfirm.com.
If there is a court order for child support, whether the divorce is final or not, the parent designated as the recipient parent can enforce the order if the other...