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Enforcing a child support order in California after non-payment

On Behalf of Cullen Family Law Group | Apr 1, 2022 | Child Support |

When California parents split or divorce, they need to ensure their children’s needs are continually met. This means that the child’s basic needs are covered, such as shelter, food, clothing and a safe environment. In order to ensure this, child support is often ordered and secured by the primary caregiver. While a child support order may detail the money that should be paid on a weekly, bi-weekly or monthly basis, this does not mean these funds are paid and received. Thus, parents should understand how they could enforce the child support order as a means to receive payment.

Child support order

Whether the parents have agreed to an amount in a stipulated agreement or the court set an appropriate amount based on state statute and the situation, once a support order is arrived at, it is filed with the court. At this point, payments will be scheduled to begin. This could be directly from the parent or through income withholding by one’s employer.

Enforcing the order

When a parent refusing to pay child support or is delaying the paying of child support, enforcement actions are available. This could include the suspension of a driver’s license or passport, the revocation of a professional or occupational license, liens on property or bank account, interception of tax refunds and the interception of lottery winnings.

Based on California state law, any unpaid court orders is subject to interest charge. Thus, if a parent fails to pay child support, 10% interest will be charged on the unpaid amount. If such actions do not successfully enforce the order, civil contempt charges could be filed. This could result in fines and even jail time.

Dealing with delinquent child support is not easy. Not only is the other parent not following the order, but the situation could also cause financial hardship for the other parent and the children involved. Thus, it is important to understand not only how to enforce the order but also what steps could be taken to modify the order and avoid possible delinquent payments in the future.

 

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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