How Can You Recover Past-Due California Child Support Payments?
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How Can You Recover Past-Due California Child Support Payments?
To have a chance at recovering past- due child support, keep detailed records,
including amounts you have already received, as well as any remaining
obligations.
Over half of the parents owed child support do not receive the full amount
they are owed. Almost 24 percent of the parents owed child support received
absolutely nothing, according to data from the U.S. Census Bureau.
Parents who are owed child support have several legal options to pursue
repayment. The Social Security Act of 1975 allows states to take any of
the following actions to promote repayment of past due child support:
Garnish wages from the delinquent party's paycheck
Withhold funds from sources such as unemployment payments, tax refunds
and workers' compensation payments
Seize and sell the delinquent party's property
Suspend passports and licenses
Place liens on real estate and vehicles
Delinquent spouses may also face criminal charges and jail time
These enforcement techniques can be effective at recovering past-due child
support payments. However, record keeping is essential.
Record Keeping Is Important To Collect Child Support Payments
If you collect child support in Orange County from an ex-spouse, you need
to keep detailed records of what you are owed, what you have been paid
and what is outstanding. The following are all good record-keeping options:
Record the date and amount of support payments that have been received
Get your spouse's signed permission to pull their future credit reports
Keep receipts of your spouse's financial obligations
Ex-spouses may even go as far as hiding assets, falsifying tax claims or
lying about their earnings. Another legal option might be required. Filing
for a judgment against your ex-spouse may force him or her to pay arrearages
and become current on child support.
Recovering past due child support can be a frustrating process. Child support
is paid for the benefit of the children and when payments are not made
it hurts the children. If child support payments are delinquent, you may
need the help of a skilled family law attorney, who can assist you in
seeking payments.
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For a consultation with an Orange County attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online.
Community Resources:
A variety of nonprofit social services agencies provide counseling services to divorcing families in the areas of domestic violence, marriage, family and children, and drug and alcohol abuse. Legal assistance is also available. For a list of these community resources, please contact Family Court Services at 714-935-6550.
Books To Help Divorcing Parents And Their Children:
My Mom and Dad Are Getting a Divorce by Florence Bienenfeld
Mom's House, Dad's House by Isolina Ricci, Ph.D.
Co-Parenting by Miriam Galper
When Living Hurts by Gordon Sol
Megan's Book of Divorce: A Kid's Book for Adults by Eric Jong
Child Custody: Building Agreements That Work by Mimi E. Lyster
The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals by Richard A. Gardner, M.D.