When a couple divorces, issues such as property division, spousal support, and child support must be addressed. Child support is money paid from the noncustodial parent to the custodial parent for childcare. If you are ordered by the court to pay child support, it is essential that you make payments on time. Depending on the circumstances, you could face several penalties for failing to pay support. If you are the custodial parent and have not received child support from your ex-spouse, you need to consult with an experienced Hollister child support attorney. The law is on your side and there are certain actions the court can take to ensure your ex provides you with support for your child.
Actions that can be taken against parent
Before attempting to enforce child support, you need to determine if a child support order exists. An oral agreement between you and your spouse, no matter how amicable, will not suffice. Rather, you must have a court-ordered child support agreement in your county superior court. Your family law attorney can help you file for child support if you are not already receiving payments. Once you determine that you have court-ordered child support, you can move on to enforcing the order.
California courts can enforce child support in a number of ways:
- Garnishing wages or bank account — A common method of enforcing an order is to garnish the noncustodial parents’ wages or bank account.
- Confiscating tax refund — Another way to obtain child support from a delinquent parent is to intercept and confiscate their tax return.
- Suspending driver’s license — In some cases, garnishing wages or confiscating tax refunds fails to encourage payment of child support. When this happens, the court can have the noncustodial parent’s driver’s license suspended.
- Notifying credit agencies about debt — The court can also damage your ex-spouse’s credit by reporting the outstanding payments to credit agencies.
- Issuance of a bench warrant — The court may issue a bench warrant for the delinquent parent to appear before the court.
- Suspension of passport renewal — Your ex’s passport may be suspended and will not be renewable until they are up-to-date with child support payments.
If you are having trouble making child support payments, contact a lawyer. Depending on the circumstances, you may be able to have the order modified.
Contact experienced California family law attorneys
Giuliano Law helps family law clients with divorce, child custody, child support, and other domestic issues throughout Hollister, Santa Clara, Santa Cruz, Monterey, and San Benito counties. For more information about our services or to discuss your family law or divorce case with an experienced lawyer, call (831) 257-8685 or contact us online.