How Child Support Orders Are Enforced
After a child support order has been established, it is important to ensure that payments are made on time and in full. Unfortunately, not all parents comply with their child support obligations, which can cause financial hardship for the custodial parent and the child. Our experienced Palmdale child support lawyers can help enforce court orders and hold non-paying parents accountable.
Some ways we can help enforce child support orders include:
- Filing a motion for contempt: If a parent fails to make child support payments, we can file a motion for contempt with the court. This can result in penalties such as wage garnishment, suspension of driver's license, or even jail time.
- Seeking wage garnishment: We can also seek a wage garnishment order, which requires the non-paying parent's employer to deduct child support payments from their paycheck and send them directly to the custodial parent.
- Intercepting tax refunds: In certain situations, we can intercept a non-paying parent's tax refund and apply it towards their child support debt.
How is child support determined?
California determines child support orders based on specific guidelines. Determining which parent will receive child support and how much is based on several factors. The judge can determine support based on evaluating the following:
- The income of both parents
- The health insurance of both parents
- The tax filing status of each parent
- The number of children
- The type of child custody award
When trying to obtain child support, you will likely need a strong and experienced Palmdale divorce lawyer to assist you. Under California's Agnos Minimum Child Support Standards Act, noncustodial parents can be required to pay the minimum amount of payments to provide the child with assistance with medical and educational needs.
Contact our firm to schedule an assessment of your child support case today! Our Palmdale child support attorney is ready to discuss your case!
Contact a Palmdale Child Support Lawyer Today
At the Law Offices of John C. Bigler, we understand the importance of child support payments and will work tirelessly to ensure that your family receives the financial support it deserves. Contact us today to schedule a consultation with a skilled Palmdale child support lawyer.
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Commonly Asked Questions
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' when a Court makes a custody order. The family code states that if both parents are adequate parents the court must order custody to both of them. The Court is forbidden from awarding custody to a third party in this circumstance.
It is this 'parents get priority' policy that drives a first right of refusal order. The idea that if you are unable to care for your child due to work or other responsibilities, then you must offer the child to the other parent first before handing the child over to a third party for child care.
The court typically sets a time limit (I recommend 6 hours or more) that you can be away from your children before having to offer the other party the opportunity to care for them. This is not a mandatory provision. The Court has the discretion to make this order only in appropriate circumstances.
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Who can receive visitation rights?Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be supervised by an agreed upon family member or a professional monitor if the parties cannot agree.
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you can apply for spousal support, depending on certain factors. The purpose of alimony is to even out the financial futures of each party. We can fight for your right to spousal support or against the other party's request for spousal support.
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What if I was married in another state but I want to file for divorce in California?If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in the United States for three months.