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If a parent stops paying child support, do I have a recourse?

On Behalf of | Jul 12, 2024 | Child Support |

When a parent stops making child support payments, it can cause harm to the child and significant stress for the custodial parent. However, there are steps you can take to address this situation effectively.

Understanding child support

Child support payments are legally enforceable once approved by a judge. The amount is determined based on each parent’s income, eligible deductions, primary physical custody and the child’s needs.

Steps to take

First, document the missed payments. Maintain a detailed record of all missed payments, including dates and amounts due.

Next, contact the local child support agency. In California, reach out to the Department of Child Support Services. This agency acts in the public interest without representing either side of the child support case.

Third, request enforcement. You can also take them back to court. The judge can order automatic payroll deductions. Though, if you prefer direct payments from the parent, you can request to hold an Income Withholding Order. If payments stop, you can ask the judge to activate the order. You may also have the option to “attach” or “levy” the non-paying parent’s bank accounts, stocks or other assets.

Collecting necessary documents

Here are some essential documents you might need. First, there is the most recent Child Support Order. This is the original court document outlining the child support agreement.

Next, gather bank statements or any correspondence with the other parent showing missed payments. Collect pay stubs, tax returns, or other proofs of both your income and the other parent’s income. And, keep records of all attempts to discuss the missed payments with the other parent, DCSS and the court.

Child support is critical for a child’s well-being. If a parent stops paying, it is essential to take prompt action to enforce the agreement. By documenting missed payments, contacting the DCSS and pursuing legal enforcement, you can ensure that your child’s needs continue to be met.

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