Child Support Enforcement

You and the other parent are both required by law to provide for your child financially in the state of California. In line with divorce or child custody court orders, parents are compelled to pay child support. Unfortunately, not all parents fulfill their obligations. That’s where the importance of having a Child Support Enforcement Attorney in Santa Rosa, CA comes in.

You have options if your ex-spouse or co-parent refuses to pay the child support they owe. The Santa Rosa, CA child support enforcement attorney at Embolden Law PC (Provencher & Flatt) is ready to help. 

At Embolden Law PC, our child support lawyers have extensive experience helping parents take on their rights. We help parents and children receive their court-ordered financial support.

Reach out to our Santa Rosa child support legal team right away for guidance and help with enforcing your child support order.

What is Child Support?

One parent must pay the other for the benefit of their child or children as per a court order known as child support. According to the best interests of the child or children involved in the case and the individual child support laws in California, the amount of support will be determined. Child support payments are often made by the parent who doesn’t have primary physical custody of the child or who the child resides with less than half of the time.

Child support is required to make sure that both parents are meeting their financial obligations to their child or children because both parents are accountable for providing financial support to their children. The following are typical examples of expenses that should be covered by child support:

• The child’s needs for food, clothing, and shelter;

• The child’s medical expenses and related costs; and

• Child-related educational costs, such as private school tuition.

A court can guarantee that non-custodial parents assist with the needs of their children by imposing mandatory child support. A parent having physical custody of the children can’t refuse to take the child support payments that the court has imposed for the child, and the parent who is obligated to pay cannot avoid their child support obligation.

It’s also important to keep in mind that child support laws apply to adoptive parents. But, stepparents are not required to provide their stepchildren with child support without an adoption order.

If you have more questions regarding child support, kindly contact our family law attorney in Santa Rosa, California.

What Is Child Support Enforcement?

In cases of legal separation or divorce involving a child, the court may order the non-custodial parent to pay child support. A child support enforcement order may be requested by the custodial parent or state child support enforcement agency in cases where the non-custodial parent misses payments unintentionally or on purpose due to unavoidable circumstances.

Initially, the state’s child support agency receives information about each and every child support payment in some way. As a result, courts will keep track of the amount of any missed payments for child support and may be asked to issue an order compelling the party who is behind on payments to catch up.

Identification, location, and contact with those who owe unpaid child support are the duties of the child support enforcement agency. A variety of methods may be employed by child support enforcement agencies to try and collect child support payments on behalf of the custodial parent.

If the child support enforcement agency and the parent who owes back child support can come to an agreement on a repayment schedule, they will do so. However, more legal action may be required if the parent is unable to make payments or accept a plan.

What Are the Consequences of Not Paying Child Support?

If the other parent refuses to pay child support after you have gotten a legally valid order, there are numerous methods you can make them do so.

Wage Garnishment or Income Withholding

Garnishing the wages of the parent who is required to pay child support is the best and most efficient way to enforce that payment. All support orders in California are subject to required and immediate wage assignments. The wage assignment is provided to the obliged parent’s employer at the moment the support order is made. The employer is required to honor the wage assignment and to garnish the employee’s wages or salary without affecting the parent who is required to pay child support. Wages will not be withheld unless the employee:

• Can provide a compelling argument against doing it, or

• Has a different plan in place for child support.

Liens

When a court orders a child support judgment, an Abstract of Support Judgment is recorded as a lien against any real estate owned by the parent who is obligated to pay support. The parent who is owed child support acquires an interest in the property after it is recorded, allowing them to recover unpaid child support from it. The property cannot be sold or refinanced by the responsible parent until the lien is fully satisfied.

Benefit Interception or Tax Refund

The funds of a parent who is required to pay child support may be taken to cover unpaid child support, often known as “arrears,” if the parent refuses to do so. Federal and state income tax refunds, social security, unemployment benefits, state disability insurance, worker’s compensation, and California lottery winnings are just a few examples of the types of funds and benefits that can be taken.

Health insurance

A National Medical Support Notice (NMSN) notifies the employer of the obliged parent to enroll a child in the parent’s health insurance plan in accordance with a child support court order. It allows the parent’s earnings to be deducted for health insurance premiums.

Credit reporting

Credit-reporting agencies will be contacted on a monthly basis when an obliged parent doesn’t pay child support. The overall credit score of the parent who is required to pay usually suffers as a result.

License suspension

The licenses of parents who owe unpaid child support may be suspended in an effort to encourage compliance. Driver’s licenses, licenses for recreational activities, licenses for doctors, attorneys, contractors, teachers, and licenses for truck drivers are a few examples of the various licensing types.

Passport Denial

The government will deny the non-custodial parent a passport as far as the child support is not paid as an incentive for him to pay child support. Also, this guarantees that he won’t leave the country.

Contempt proceedings

If a parent who is required to pay child support does not do so and the court finds they are capable of doing so but choose not to, they may be found in contempt of court.

Bankruptcy

When a parent who is required to pay child support files for bankruptcy, the debt cannot be discharged.

Prison Time

If everything else fails, it might be possible to jail the non-custodial parent. Only after a court hearing for enforcement this may take place. This is a last resort since many jurisdictions would prefer that the non-custodial parent find a means to pay child support, which is impossible while they are incarcerated.

What to Avoid If Your Ex Won’t Pay?

It’s important that you follow the correct processes for enforcement if your ex doesn’t pay the child support they owe. Don’t try to handle things on your own. Consult a child support enforcement attorney in Santa Rosa, CA, who will assist you in requesting enforcement from the family court if they continue to refuse to pay. 

Many people believe they have the right to deny the other parent parenting time and child custody if they don’t pay the child support or alimony that was ordered by the court. The parent may be fined by the court for violating the court’s order, but that decision belongs to the court—not to you.

You are now in violation of the court’s order if you deny your ex access to the parenting time that was granted to them by the court. Similar penalties, such as fines, termination of your parenting rights, and even criminal charges, may apply to you. To discuss your alternatives and ensure that you adhere to the court’s orders and the law, speak with a California family law attorney.

How Are Orders for the Enforcement of Child Support Obtained?

The custodial parent will typically get in touch with the state or county’s local child support agency to request child support enforcement. The custodial parent will then normally submit a request to that agency asking them to look into the possibility of any unpaid child support. The local child support enforcement agency will try to contact the non-custodial parent once the custodial parent establishes that they have not been paying child support as mandated.

The child support enforcement agency may request judicial intervention if the parent who owes child support is unable to agree to a repayment schedule or refuses to speak with the agency.

It is essential to highlight that state authorities’ enforcement actions may be slow. In order to secure a child support enforcement order, many parents who are owed past child support may seek to engage a lawyer to launch a private enforcement case in the court.

Why Do I Need a Child Support Enforcement Attorney Santa Rosa, CA?

If you are a parent who is owed child support or a parent who has been ordered to pay child support, hiring a child support enforcement attorney in Santa Rosa, CA can be crucial. Here are some reasons why:

• Assistance with establishing child support: If you are a custodial parent who needs help establishing child support, an attorney can help you file the necessary paperwork and guide you through the legal process.

• Help with enforcing child support orders: If the other parent is not paying child support as ordered by the court, an attorney can help you take legal action to enforce the order, such as filing a motion for contempt or garnishing wages.

• Modification of child support orders: If there has been a change in circumstances, such as a job loss or a change in custody, an attorney can help you request a modification of the child support order.

• Knowledge of local laws and procedures: An attorney who is experienced in child support enforcement in Santa Rosa, CA will have knowledge of the local laws and procedures, which can be essential to your case.

• Protecting your rights: An attorney can help protect your rights and ensure that your child support order is fair and in compliance with California law.

Overall, hiring a child support enforcement attorney in Santa Rosa, CA can provide you with the legal options, guidance, and representation you need to navigate the complex and often emotionally charged process of enforcing child support.

Get in touch with our Santa Rosa family law legal office through our hotline or through the chat box located at the lower right of our homepage website.

Call our Santa Rosa, CA Child Support Enforcement Attorney Now!

Get immediate legal assistance from a child support enforcement attorney in Santa Rosa, CA at Embolden Law PC (Provencher & Flatt) if you are owed child support or are having trouble paying it due to changes in circumstances. When it comes to enforcing child support orders and ensuring the stability of you and your family, we will endeavor to protect your best interests.

With detailed investigation, careful analysis, and skilled representation, our family law attorneys will stand by you and seek to safeguard your personal, financial, and family well-being.

If you need quality legal assistance when dealing with Bankruptcy, we can help. We are eager to assist you. Call us now!