Child Support Goes Uncollected

How Child Support Enforcement Works

By Jesse Wagner, Staff Paralegal

Parents are legally obligated to provide for their children financially, even, and especially, after a relationship with the other parent ends. According to the US Census Bureau, less than half of all custodial mothers and custodial fathers receive all of the support they are owed; about 75 percent receive some or partial payments. Child support, like custody and other issues relating to the dissolution of a marriage, can be contentious, and sometimes it is necessary for a parent to take child support enforcement measures. How does this work?

Child support is determined by the court on a number of factors, including parents’ income, level of responsibility for the child, the child’s best interest, the standard of living for the child, the custodial arrangement, and the financial needs of the child. Besides salary, the following can be considered when the court decides on support:

• Commissions.
• Overtime wages.
• Dividends.
• Unemployment benefits.
• Workers’ compensation benefits.
• Spousal support.

The law does not use the term “dead beat parent” to describe someone who does not pay his/her California child support. Instead, the terms in compliance, not in compliance, and criminally non-compliant are used by the courts and enforcement agencies. When one parent falls behind on support payments, the other party can go to court and request a contempt order, as well as demand that the other parent pay interest and penalties on the amounts due. In California, these penalties can be significant and even exceed the amount of the original payment.

What else can happen to a parent who is in arrears? Child support enforcement measures include revoking drivers’ licenses, revoking or suspending professional licenses, imputing or garnishing wages, and criminal prosecution by the state. The court may also claim tax returns or place liens on property owned by the noncompliant parent.

Does this mean that if your financial circumstances change, that you are still required to pay the same amount? Not necessarily. If, for instance, you lose your job, you can go to the family court and request that the current support order be modified to reflect these changes. This may reduce the amount owed or, at least, stop interest and penalties from accruing. It is important to contact a California family law attorney and the court immediately if anything occurs that can impact your ability to pay support.

In California, the California Department of Child Support Services (DCSS) is charged with enforcing support orders, but parents also have the right to hire a private attorney or agency to enforce these orders. Often, if parents are willfully non-compliant, this can be the best way to get money that is owed. If a parent crosses state lines to avoid paying or owes support to a child in a different state, child support enforcement falls under the Deadbeat Parents Punishment Act of 1998. Penalties can include federal prison time, fines, and restitution.

Likewise, Southland-Law.com has a comprehensive website with information, resources, and contact information to aid in enforcement of child support orders. California also allows Southland to enforce child support orders. Whether you want to learn more about support in a child custody case or how to take legal action to get the money your child deserves, please post your question, comment, or suggestion here. If you would like to speak with an enforcement specialist, contact Southland at www.Southland-Law.com and click on the link to “Contact Us.”