What Can I Do if I’m Not Receiving the Child Support Payments?
Divorce can cause long-term problems between exes, but none of them are more frustrating than issues revolving around children. Child custody issues are their own complex situation, but child support comes up frequently as an issue that needs fixing.
The most common complaint is that the payments are simply not being made, and the parent doesn’t know what to do about it. While there are systems in California to report child support delinquency problems to credit reporting agencies, that isn’t always enough to deter all issues. The good news is, there is a system in place to help you deal with it.
What is the Process to Get Unpaid Child Support Payments?
There are things you can do to help build a clear pattern of the problem, take action, and get results that will lead to the continuation of child support payments. Every case is different, but these options are generally helpful no matter the circumstance.
Comunicate with the Non-Custodial Parent
Before you escalate to the point that legal action is required, you want to ensure you have exhausted direct communications. That means reaching out to the non-custodial parent about the child support issues specifically.
It’s important to remember that you don’t just want to ask them over the phone when you’re talking about other things. Send specific texts and emails devoted solely to that topic so there is no confusion about what is being discussed, and it is clear that the concern has been communicated.
Document Your Communications
In addition to clear communication, you also want to document those communications. Keep notes, logs, and screenshots of any discussions. Save them with copies of the court order detailing the established child support to present to the court if needed.
What Choices Do I Have to Collect Unpaid Child Support?
You can take several potential actions to motivate the non-custodial parent to pay unpaid child support. Contacting a Local Child Support Agency will arm you with several options, such as:
Driver’s License Suspension
The Agency can contact the Department of Motor Vehicles regarding the delinquency, and the DMV has multiple options for handling it. They can decide not to allow their license to be renewed until the debt has been paid. They can also take a more active stance, suspending or revoking the license entirely.
Collecting Wages
The State of California can collect any disability or worker’s compensation money that the non-custodial parent has coming to them towards child support payments. They’re also able to claim tax refunds for the same purpose.
Passport Suspension
If a child’s child support delinquency extends beyond the $2,500 mark, their passport to travel out of the country is at risk of no longer being valid. If they do not yet have a passport, child support delinquency can prevent them from getting one.
Should I File a Motion of Contempt for Unpaid Child Support Payments?
The truth is, as unpleasant as it may be, filing a motion of contempt for unpaid child support is one of the best ways to take measures to start receiving child support payments again. Once this step is taken, if the court finds the non-custodial parent guilty, there are several steps they can take:
- Garnish the wages and pay of the non-custodial parent and potentially even garner the bank accounts themselves.
- Order payments come from unconventional sources such as gambling winnings, property, pensions, etc.
- Order selling any property they own to make up the debt or as much of it as can be earned from the sale.
- Assigning community service time, starting with over 100 hours and growing with each count of contempt.
- Repayment of any legal fees you may have incurred while seeking delinquent child support.
- Potential fines for each contempt order.
- Potentially even jail time, depending on the severity and circumstances of the situation.
While a state court cannot enforce federal penalties, federal penalties could also exist in addition to state ones.
Is a Child Support Modification an Option for You?
Communication between you and the non-custodial parent could reveal that financial or life circumstances have prevented them from paying child support. If this is the reality, and you decide to work with them and give them a chance to fix things, then you can always consider a modification.
A modification is when one or both parents request alterations to the court order regarding the financial and custodial arrangements for the child. It can be adjustments in the time a child spends with each parent or a change in the amount of money that a parent pays in child support. While these decisions shouldn’t be made hastily, they are allowed because life sometimes creates unexpected circumstances. Family deaths, lost jobs, injuries, and disabilities can all derail previous plans that both parents made to take care of their children. A modification allows you to create a current plan incorporating life changes while focusing on what is best for the children.
Should I Contact an Attorney About Unpaid Child Support Payments?
Anyone who has dealt with arranging child support and child custody after a divorce understands the complexity and the high emotions that can be involved in any legal decisions made about children. When your children are negatively affected by decisions made by your ex, it can be infuriating and leave you feeling helpless.
The truth is, there are things you can do to make it better. However, suppose you want to ensure you make the best decisions for yourself and your children in the long run. In that case, the wise decision is to partner with an experienced family law attorney with a proven track record of working with clients who have been through the same issues.
The Law Office of Patrick O’Kennedy team is ready to help provide a steady hand and guidance to find the best decision for you and to weigh in with legal understanding about how the court system can get you the result you need. Give us a call at 714-701-6356 to get started today.
