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Can California courts force the sale of assets for child support payment?

On Behalf of | Jul 11, 2024 | Child Support

Child support ensures that children receive financial support from both parents, even if they do not live together. California takes child support enforcement seriously, and courts have several tools to ensure payments. 

One such method involves forcing the sale of a parent’s assets to meet child support obligations.

Legal basis for asset liquidation

California law allows courts to order the liquidation of a parent’s assets to fulfill child support payments. This authority stems from the Family Code, which prioritizes the child’s best interests. 

When a parent fails to meet child support obligations, the court can step in to ensure the child receives the necessary support. This intervention may include seizing and selling assets such as real estate, vehicles, and valuable personal property.

Circumstances leading to forced sales

Courts typically use asset liquidation as a last resort. Before ordering the sale of assets, courts explore other enforcement methods. These may include wage garnishment, bank account levies, and intercepting tax refunds. 

However, if these methods prove insufficient, the court may proceed with asset liquidation. This step is usually taken when a parent deliberately avoids child support payments or when other enforcement measures fail to cover the owed amount.

Types of assets subject to sale

Various types of assets can be subject to court-ordered sale. Real estate, such as homes or investment properties, often comes first due to its high value. Courts may also target vehicles, boats, and other valuable items. In some cases, the court may order the sale of personal property like jewelry, collectibles, or even business interests. The goal is to ensure the child receives the necessary financial support.

Protecting the child’s interests

The primary aim of forcing asset sales is to protect the child’s financial well-being. Courts recognize the importance of stable financial support for a child’s growth and development. By enforcing child support payments through asset liquidation, courts help ensure that children have access to resources needed for their education, healthcare, and daily living expenses.

Parents can make better decisions about paying child support if they understand how the laws in California work to protect children.

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