Often, divorce can trigger or exacerbate financial difficulties, particularly for the parent who has primary custody and responsibility for the children involved in the relationship. While parents may be separated, each is still responsible for the financial upbringing and wellbeing of the child; this is true whether or not the other parent sees the child or has physical or legal custody at all. Once you have a child, you are responsible for him/her until adulthood unless parental rights are terminated (which is relatively rare). Support payments are oftentimes essential for parents to attend to basic needs and ensure their children are taken care of. So what happens when your ex-partner does not pay child support?
California’s child support support formula calculates payments based on the income of the parents, the amount of time the child spends with each parent, and other factors. You can find the official state support calculator here; be careful when using third-party calculators because they may be inaccurate. When the court issues support orders, it is a legally binding obligation. While the support amounts can be modified, it is up to the parents to go to court and request the judge change the order. If a parent falls into child support arrearages, a number of consequences can come into play:
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Tax refunds can be seized.
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Wages can be garnished.
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Liens can be placed on real estate and bank accounts.
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Drivers’ licenses and professional licenses or certifications can be suspended.
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If a spouse owes more than $2500, passports can be denied.
The other parent cannot seek to get out of child support payments by moving across state lines. While the state is responsible for custody issues, federal laws do protect families and children in cases like this. In extreme cases, someone who is delinquent can be found in contempt of court and sentenced to jail. This is a double-edged sword, though, because while in prison, he/she cannot work and provide support.
What do you do if these measures do not work? In California, parents have the right to hire a support enforcement agency to work on their behalf. The advantage offered by these agencies is that they have a very high success rate. While getting payment is never guaranteed, you have a better shot at it with a private enforcement agency. These firms often do not require payment, but instead reserve a fee from payments they collect. If they do not collect, you do not pay.
It is equally important to know what you cannot do when your ex-spouse or partner owes child support. You cannot withhold visitation of the child. It is tempting, and it is an often understandable reaction, but it does put you into contempt. You may end up in legal trouble for violating a court order. The best course of action is to work with the court to enforce sanctions, and if necessary, hire an outside agency.
If you are owed child support or are having difficulties with child custody, get immediate legal help from a California child support attorney. Billions of dollars are owed in child support around the country, and children are the innocent victims.
