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How Can I Enforce Child Support Payments After My Divorce?

Posted on in Divorce

Los Gatos, CA child support lawyerEnding your marriage is no easy task. The divorce process can be emotionally draining and grueling, and a wide variety of legal issues will need to be addressed. When children are involved, a divorce can come with even more significant ramifications. While child custody and visitation may be your number one concern during your divorce, once the process is complete, your focus may change to ensuring that you receive the court-ordered child support payments that will allow you to meet your children’s needs. 

What if My Former Spouse Is Not Making Payments? 

If your child’s other parent fails to make their court-ordered child support payments, you will want to take steps to enforce these obligations. Due to the Child Support Enforcement Act of 1984, a district attorney has the power to assist you in collecting the court-ordered child support payments you are owed. The district attorney may contact the non-paying parent, inform them of the consequences of non-payment, and make arrangements for paying the amount due. If the parent refuses to make payments, they may face criminal punishment. Because the non-paying parent will be unable to earn an income in prison, jail time is not the most common consequence in these cases. However, the district attorney may pursue other potential options such as garnishing wages, seizing property, or driver’s license revocation. 

If there are multiple payments that your former partner failed to make, you can rest assured that they are required by law to make all court-ordered payments that are due, along with interest on the amount that is owed. If the other parent’s circumstances have changed, and the loss of a job or reduction in income makes it impossible to continue making payments, they can request a modification of the child support order. However, any reduction will only apply to future payments, and back child support will continue to be owed until it is fully paid off.

Contact a Los Gatos Child Support Enforcement Lawyer

Following your divorce, you will want to make sure your child’s ongoing needs will be met. If your ex-spouse is not meeting their obligations, Attorney Benita Ventresca will do everything in her power to help you enforce your child support order. She will help you determine the best options for holding the other parent in contempt of court, garnishing their wages, or using other remedies to enforce child support payments. With her help, you can ensure that you will be able to continue to receive payments on time and in full. To schedule a complimentary initial consultation with a skilled Los Gatos, CA child support attorney, call us today at 408-395-8822. 

Sources: 

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

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