Child support is one of the most important issues in any family law case involving children. Courts in California take these obligations seriously, as child support is meant to ensure the financial stability and well-being of kids. But what happens if the payments stop coming?
In the video below, we’ll break down the legal obligations of child support, what happens if those obligations aren’t met, and the enforcement tools available to make sure orders are followed. We’ll also cover the steps you can take if you’re not receiving court-ordered support, from documenting missed payments to pursuing wage garnishments or asset liens. Finally, we’ll discuss why working with an experienced family law attorney can make all the difference in securing and protecting your child’s financial future.
Whether you’re the parent seeking support or the one facing enforcement actions, understanding your rights and responsibilities is key to avoiding costly mistakes. Contact child support attorney Sina Mohajer for a free consultation if you have any questions about your child support situation.
Transcript:
In any family law case where you have minor children, you’re going to have to deal with the issue of child support. Now, I have other videos where I dive in as to what the court uses as far as factors to determine the child support amount. But in this particular video, I want to address what are the legal obligations of child support, consequences of nonpayment, what are some legal actions you can take to enforce your child support order, as well as what to do if you find yourself in the area where you haven’t been receiving the support that you were once ordered to receive.
Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense, and Personal Injury.
In these mini series, I like to tackle complex legal issues and try to simplify it for our viewers in order for you to have the knowledge and know-how to handle your legal situation on your own, or perhaps to answer some of those questions that have been lingering around. So if you like the contents of this video, hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you all to our new mini series called A Walk in the Park.
Legal Obligations of Child Support
So what are some legal obligations of child support? Well, there’s a difference between voluntary and court-ordered or mandatory child support.
Voluntary Child Support
If it’s voluntary, then there’s no enforcement, really, you can do to make sure that you’re receiving that amount every month.
Court Ordered Child Support
But if it’s court-ordered, it’s mandatory. The state has such an interest in making child support mandatory because they have an interest in the financial stability of those children. They don’t want that financial burden to fall on tax paying dollars, and they want to make sure that the other parent is pulling their weight.
It’s so important for the state that they’ve created an entity called the Department of Child Support Services. Their sole purpose is to ensure that child support is ordered and it’s being enforced.
Consequences of Not Paying Child Support
So what are some consequences for nonpayment of child support? Well, like I said, DCSS gets involved. They have the ability to suspend driver’s licenses or revoke passports until the child support amount is paid. They can seize tax refunds that are coming in and be able to put their hands on it to cover any amount that is previously owed.
There is also a potential of filing a contempt motion. When you file for a contempt, you’re basically alleging to the court that the other parent is violating a court order, which is violating the law. It becomes a quasi-criminal action where the other parent can be facing jail time or a fine.
Legal Actions to Enforce Child Support
So what are some legal actions that you can take in order to enforce your child support?
Wage Garnishment
Well, wage garnishment is one. A wage garnishment is where the court makes an order, and it’s sent to the payor’s employer. The employer is then obligated to withhold a certain amount after every pay period to ensure that the child support is being paid on time. Now, there are laws in place where an employer cannot take or seize more than 50% of the paycheck, but normally that’s more than sufficient to cover your child support obligation.
Lien on Assets
Another legal action is also to petition the court and levy or place liens on certain assets of the payor in order to ensure that you’re able to collect your child support.
What to Do When Not Receiving Child Support
Now, what do you do in the event where you are not receiving your child support and you’re owed this amount?
Document Everything
One thing to do—and always do—is document everything. Keeping a journal is always a great idea to ensure that you don’t forget what months, how much you received, or how much you didn’t receive. Being able to show this to the court at the time of your hearing, by having your evidence in place, allows for a smooth transition.
Contact a Child Support Attorney
Another thing you can do is contact a seasoned family law attorney. Attorneys understand the resources available and the tools available to get into court and get you the orders that you want. They can potentially help you avoid any costly mistakes that you might be making on your own. It also ensures the financial stability of your kids. After all, kids are expensive.
We want to make sure that we get a proper and fair child support order, and we make sure that the other parent is paying.
Contact Mohajer Law Firm About Your Child Support
So if you have questions about your particular case, I welcome you to contact our office. I’m happy to sit down with you one-on-one to discuss your strategies or what options you have available to ensure the financial stability of those kids.