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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