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Penalties for Failure to Pay Child Support

Posted on in Child Support

California child support laws, California child support attorneyChild support payments are court ordered, and failure to do so is illegal. Many circumstances prevent someone from making the proper payments. Payment failures due to inability after the loss of a job or other special events is different than choosing to withhold payment on one’s accord. Not providing the necessary child support for your offspring can earn hefty penalties.

Contempt of Court

Child support payments require receipt within 30 days after the given order. If a noncustodial parent is no longer able to make the payment, avenues exist to alleviate the financial burden. If the court is unaware of an economic status change and no receipt of payment, the payor is guilty of criminal or civil contempt of court. Willfully disobeying judge orders is a strict violation of the law.

Avenues to Collect

Laws are now in place to persuade offenders to pay up to mitigate the number of non-payment cases. After being found delinquent, the following punishments are sanctioned:

  • Fines of up to $2,000,
  • Incarceration up to two years,
  • Community service,
  • Selling of property to cover delinquency,
  • Placing liens on houses or land,
  • Garnishment of wages,
  • Withdrawing payment from accounts, and
  • Order amount from other sources of payment such as pension plans or social security benefits.

Additional Punishments

The court has the authority not only to enact all of the above punitive measures but also other penalties for opting not to pay child support. These penalties are not financially based but will disrupt daily life. These additional steps are:

  • The Department of Motor Vehicles (DMV) retains the authority to issue or renew the driver’s license of a negligent parent. Although a temporary license is available for up to 150 days, it will not become a permanent license if the amount remains overdue. The license revocation is possible if the offense continues, and
  • The Department of Child Support Services (DCSS) possesses a list of parents who are delinquent on payments. Upon releasing this record to a credit reporting agency, the resulting negative credit score will disrupt housing and potentially job offers for the offender.

If child support payments are resulting in financial burden, whether you are failing to make or receive the payments, the best option is to seek legal advice. Having someone on your side that is knowledgeable and accomplished in legal affairs is a stress reliever that can additionally assist you in creating a financial environment that will work for your situation. If you need help from a San Jose, CA family law attorney, contact the Ventresca Law Firm today. With more than 35 years of experience with local families just like you, attorney Benita Ventresca can offer legal avenues to alleviate your legal issue. Call today at 408-395-8822 for your free initial consultation.

 

Sources:

http://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=270.

http://www.occourts.org/directory/family/child-support.html

http://www.courts.ca.gov/selfhelp-support.htm

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