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Collecting Back Child Support

Posted on in Child Support

California family lawyerWhen a noncustodial parent has refused, month after month, year after year to come forth with child support payments, many parents despair in their belief that nothing more can be done--that they will simply have to continue on struggling to pay for health care costs and college savings. However, this is not necessarily true. An experienced Los Gatos child support attorney may be able to offer you a solution to a problem that you have unfortunately been dealing with for years: collecting back child support

What Is Back Child Support?

Back child support is unpaid child support that has collected over the months or years. According to CNN, over $100 billion is owed in the form of back child support across the country. With interest, it is not uncommon for a single mother to be owed $10,000, $20,000, or much more if the delinquent payments have been going on for years. Common excuses for noncustodial parents to use for lack of payment include:

  • Getting laid off;
  • Not getting a raise or making enough at current job;
  • Not being able to find work;
  • Having other children to support financially;
  • Periods of incarceration; and
  • Court order was unfair.

Regardless of the excuse or reasoning that a delinquent paying parent makes, it is against the law to withhold child support for any reason. However, it can be incredibly hard to collect this money without the assistance of a Los Gatos family law attorney.

Holding Noncustodial Parents Accountable

According to CBS News and the U.S. Census, roughly 25 percent of parents fail to make any child support payments, while 30 percent only make partial payments. That adds up to 55 percent of noncustodial parents failing to come through for their children. By working with a Los Gatos family law attorney, you can collect the back child support that you are owed by having a court-ordered system put in place, which may include payments made each month over a set number of years in order to pay off their debt to you.

Even if your child is an adult and has left the house, you can still collect the support that you were supposed to be receiving each month. How do we accomplish this? Typical methods include employer wage garnishment, interception of pension, tax rebates, workers’ compensation, unemployment, or other social benefits, and the non-paying parent may face penalties such as revocation of driver’s license, revocation of professional licenses, or jail time.

Call the Los Gatos Law Offices of Benita Ventresca Today

Taking on the sole child-raising responsibilities as well as all of the financial burden is not a fair way to live for you or your child. To enforce payment of child support, contact the Law Offices of Benita Ventresca, an experienced Los Gatos family law attorney servicing Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

 

Sources:

http://www.cbsnews.com/news/most-child-support-payers-stiff-their-kids-problem-intensifying/

http://money.cnn.com/2012/11/05/news/economy/unpaid-child-support/index.html

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