How Does the Child Support Enforcement Process Work in California?
When couples go through divorce, sometimes it is very easy to work through child support issues and concerns. A spouse may be more than willing to pay and it is simple for you both to come up with an agreement that works for you. Other times, the court has to handle these issues because a spouse is not in agreement and doesn’t want to support their children. When your ex refuses to pay child support, then typically they must be ordered to do so by the court through enforcement.
To go through with the enforcement process, you of course must first have a court-ordered support order in place. Just an oral agreement on its own will not be withheld through court, so it is important to have your agreement put in writing and approved by a judge. Afterwards, you can go through with enforcement, which consists of several different options.
Options of Enforcement in California
Motion for Contempt: One of the most common ways to receive child support is to file something known as a motion for contempt. In California court, a motion for “contempt” shows the judge that someone has disobeyed the court order and must pay past due amounts. You, the plaintiff, must file a motion for contempt, which is a legal written request, with the help of your attorney. There is no statute of limitations in California for these cases, and you have three years from the date of due payment to file a contempt action.
Court Orders: The court is also able to hold a hearing and enlist many more orders to help you receive child support payment. For instance, they can choose to fine a delinquent parent and sentence them to jail time, sentence them to community service, order them to pay attorney fees for the other parent, or their wages could be withheld. There are many more options, but you must speak to your attorney about what would work best for you. If a parent is not paying child support, they are in contempt of their order. It is important to act quickly to receive the results you wish for as soon as possible.