Enforcing Child Support Laws
How do you get enforcement of orders on child support? Laws exist to give you means to pursue the non-paying party. Here’s how to collect what’s due to you.
The California Department of Child Support Services is required under the 1984 Child Support Enforcement Act to help you get enforcement of orders. Child support laws in California exist for this purpose.
Federal law also allows for the interception of federal income tax returns.
You can have the other party’s wages garnished. You can get their business or driver’s license suspended. And, in some cases, you can even get the Judge to throw the bum in jail.
Even if your ex has moved out of state, the DCSS can help. Through the Uniform Interstate Family Support Act, you can ask your local court to force your ex to pay, to forward the child support order to a court in your ex’s home state, to file an enforcement request with the ex’s state, and to forward an order to your ex’s employer for a wage garnishment.
The Deadbeat Parent’s Punishment Act of 1998 made it a felony for a parent to refuse to pay an out of state child support order.
A Judge will often lower the child support order for the future, but the arrearages (or amount owed) will remain the same, and, in fact, build interest. Similarly, it is very unusual for a Judge to order support to be retroactive before the request for an order was filed.
Back child support cannot be cancelled through bankruptcy.
If you have questions on child support laws as they relate to enforcement of orders and you live in the Rancho, San Bernardino, or Riverside Court’s jurisdictions, call me, Julian Fox, at 877-369-5294.
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