Child support is a crucial financial resource that ensures the well-being and stability of children following the separation or divorce of their parents. When a parent fails to pay child support, it can place a significant strain on the custodial parent and the children involved. If you find yourself in this situation, it’s essential to know your rights and the steps you can take to enforce the child support order. A child custody lawyer can help you navigate the process.
Steps to Take When Child Support Is Not Being Paid
If you have a support order with the Court, paying child support is a legal requirement. When the other parent is not meeting the requirements of the order, there are several steps you can take to enforce the order.
Communicate with the Other Parent
While going to Court to enforce the order is always an option, it doesn’t necessarily have to be the first option. If you have a relationship with the other parent, you may attempt to contact them to understand the reason for delayed payments.
Sometimes a misunderstanding can be resolved through direct communication. In some situations, it may be beneficial to seek assistance from a high-conflict co-parenting coach who can help you approach these conversations in a productive way.
Review the Order and Collect Evidence
It is always a good idea to review the child support order to ensure you have a clear understanding of payment amounts, due dates, and any special provisions. If the other parent is indeed in violation of the order, collect evidence of missing payments such as bank statements and payment records.
Seek Legal Assistance
Even if you have a positive co-parenting relationship with the other parent, seeking legal assistance can help you navigate the steps to enforce the order. A child custody lawyer can provide personalized legal advice and represent you in court if necessary.
Contact Your Local Child Support Agency
The California Department of Child Support Services oversees a network of 47 local child support agencies throughout the state. Your local agency can help locate and collect child support payments. They also have a variety of tools they can use to enforce the order including:
· Drivers license suspension
· Professional license suspension
· Passport denial
· Property lien
· Credit reporting
· Bank levy
· Income withholding order
File a Motion for Contempt
If the tools above are not effective, lack of child support payments can become a criminal matter. With the help of a child custody lawyer, you can file a motion for contempt of court. After a hearing, if the court decides to hold the parent in contempt, they may face penalties such as fines, jail time, and wage garnishment.
Alternatives to Seeking Enforcement of the Order
While many parents simply want the requirements of the child support order to be enforced, sometimes there are special circumstances where alternatives may be appropriate.
Mediation
Instead of reporting lack of payment to the Department of Child Support Services or seeking enforcement through the courts, parents may elect to participate in mediation to discuss options. It is possible that the non-paying parent is experiencing genuine financial difficulties or other special circumstances. Mediation can help the parties reach a temporary agreement that considers the current financial situation of both parents. If you do consider mediation, seeking assistance from a pre-mediation coach and/or child custody lawyer can ensure you understand the mechanics of mediation and attend the session well-prepared.
Modification Request
If there has been a significant change in circumstances, either parent can request a modification of the child support order through the court. Circumstances that may justify a modification of the order include:
· Job loss
· New or additional job
· Increase or decrease in income
· Custody or visitation changes
· Change in family size
· Disability
· Jail or prison
· Deployed to active military service
While one party may seek modification from the court, parties can also privately agree to a support amount through a “stipulation agreement” that is then filed with the court.
A Child Custody Lawyer Can Help You Enforce Your Child Support Order
Consistent child support payments are vital for the well-being of your children. If the other parent is not meeting their obligations, a child custody lawyer can help you take the necessary steps to enforce the support order.
If you find yourself navigating difficulties with a child support order and need a child custody lawyer, consider partnering with the Law Office of Darshann M. Wienick. Reach out to schedule a consultation.
