California child support enforcement options. California and the California Department of Child Support Services is serious about raising awareness of child support enforcement options. Naturally, it is important that children receive the financial support that they need from their parents.
Child support obligations are court orders that are designed to ensure that children get the financial support that they need. And when a noncustodial parent fails to pay his or her child support obligation on time and in full, the custodial parent may seek to enforce the child support order to get the child support he or she needs from the other parent.
Child Support Enforcement Options
In California, if a child support payment is late, then the custodial parent can file an action for enforcement of the child support order. Parents in need of overdue child support payments can seek help from a child support lawyer and the State of California through the California Department of Child Support Services. There are a number of child support obligation enforcement methods, including:
- Wage Assignment Order. In California, under California Family Code Section 5230, wage assignments orders are issued by the court for child support payments that are overdue and are a form of wage garnishment where child support payments are taken directly out of the paying parent’s pay by their employer. The money is then given to the recipient parent.
- Court Ordered Withholdings. The Court can order a withholding of up to 50% to be placed on the paying parent’s other income sources.
- Liens on real and personal property and bank accounts and insurance liens. Liens can be leveraged against real and personal property held by the paying parent, including bank accounts and insurance policies held by the paying parent.
- Federal and State Income Tax Withholdings. Past due child support payments can be collected from the paying parent’s federal or state income tax returns, as well as from detracting from tax credits the paying parent might have.
- Interception of Benefits and Other Sources of Income. The non-paying parent’s overdue child support can be collected by intercepting various benefits he or she receives, such as Veterans benefits, unemployment benefits, disability benefits and workers’ compensation, or intercepting other forms of income, such as lottery winnings.
Another Consequence of Non-Payment of Child Support: Contempt of Court
As a last resort, a custodial parent can seek to obtain a contempt of court order under California Family Code Section 290 when the noncustodial parent fails to pay his or her child support obligation. Each failure to pay a month child support payment results in one count of contempt of court.
Contact A Santa Rosa Child Support Lawyer
The child support lawyers at Beck Law P.C. work hard to help our clients obtain enforcement of a child support order. We help families in Santa Rosa and nearby communities on many different family law issues. Please do not hesitate to contact our experienced child support legal team today.