Child Support Liens: A lien can be placed upon the property of a person who fails to pay child support.
Garnishment: The bank account of a person who fails to pay child support can be garnished.
License Suspension: A variety of state licenses - including driver's licenses, hunting and fishing licenses, and professional and occupational licenses - can be suspended if a person fails to pay child support.
Witholding Orders: The employer of a person who has been ordered to pay child support can be ordered to deduct child support from that person's paycheck.
Child Support Enforcement Articles:
Get Rid of your Child Support Headaches! by Donald P. SchweitzerChild Support Enforcement Tools
Include Penalites Under the Federal Criminal Code by
Jean Mahserjian
Get Rid of your Child Support Headaches! by
Donald P. Schweitzer
Copyright 2006 Law Offices of Donald P. Schweitzer
Mary Smith’s divorce was final and she hoped her headaches
were over. The court had ordered her ex-husband to
make monthly payments in support of their two children, and
although the amount of support was not much, Mary expected
the money would help her in paying for the children’s
clothing, food, and shelter. Unfortunately Mary’s
headaches just began. When Mary’s ex-husband did pay
support, which was rare, it was always late, and never the
full amount. As a result, Mary was forced to bear the
responsibility of supporting their children alone. Does
Mary’s story sound familiar?
Unfortunately, Mary’s story is all too familiar.
Custodial parents throughout the nation are not receiving
court ordered child support, and as a result millions of
children are not provided for in the manner they
deserve. Moreover, custodial parents routinely give
up in their quest to receive support, which is tragic,
considering the enforcement methods available to them.
In this article we will explore the various methods
available in the collection of child support and discuss
the importance of vigorously pursuing such matters.
First of all, custodial parents should know that there are
a variety of enforcement mechanisms provided by law to
assist in the collection of child support. The
following list constitutes some of the tools that are
available to custodial parents:
Wage Assignment
An earnings assignment order for support, commonly referred
to as a “wage assignment,” is available for enforcement of
child and spousal support orders, and is probably the most
effective and commonly used enforcement method. An
earnings assignment order for support is binding on an
employer of the obligor on whom it is served, regardless of
whether the obligor was employed by that employer when the
order was issued and regardless of whether the obligor was
employed by that employer when the order was issued and
regardless of whether the order lacks identifying
information about the employer or includes incorrect
information about the employer. California Family
Code, Section 5231.
Earnings assignment orders for support must require that
the obligor notify the obligee of any change of employment,
and of the name and address of the new employer, within ten
days after obtaining new employment. California
Family Code, Section 5281.
Writ of Execution
A writ of execution is an order to a county’s levying
officer (i.e., its sheriff or marshal), or to a registered
process server, to obtain satisfaction of a judgment for a
judgment creditor. The writ may be executed by (1)
seizing funds of the judgment debtor and delivering them to
the judgment creditor, (2) seizing and delivering real or
tangible personal property, or (3) seizing and selling real
or tangible personal property and delivering the proceeds.
Judgment Lien on Real Property
A judgment lien on real property to enforce a money
judgment may be created by recordation. The
particular document to be recorded depends on the nature of
the money judgment being enforced. When the
underlying money judgment is an order for child, spousal,
or family support payable in installments, the lien is
usually created by recording an Abstract of Support
Judgment. The judgment lien is simple and sometimes
very effective enforcement method that should not be
overlooked. The benefit from the lien is usually
realized when the judgment debtor attempts (1) to sell real
property in a county in which the document is recorded or
(2) to obtain a loan to be secured by real property located
in such a county. The prospective purchaser or lender
will probably insist that any liens be paid off.
Contempt Proceedings
By statute, contempt proceedings are available to enforce
any judgment or order made under the Family Code. If
the contempt alleged is for failure to pay child, spousal,
or family support, each month for which payment has not
been made in full may alleged and punished as a separate
count. The limitation period for such a failure is
three years from the date the payment was due.
Deposit of Assets to Secure Child Support Payments
In an order or judgment requiring payment of child support,
the court may also require, subject to certain
restrictions, that the obligor pay up to one year’s child
support, to be known as the “child support security
deposit.” When making an order for payment of a child
support security deposit the court must direct that the
obligor deposit the amount in an interest-bearing account
and subject to withdrawal only on court
authorization. Furthermore, the court must order the
obligor to supply evidence of the deposit.
Penalties for Unpaid Child Support
The California Family Code provides for substantial
monetary penalties for unpaid child support. The
penalties are intended to be applied in “egregious
instances of noncompliance with child support orders.”
Attorney’s fees
The California Family Code also provides that the
court may order the non custodial parent pay
attorney’s the custodial parent’s attorney’s fees for
having to bring enforcement proceedings.
Don’t Sit on your Rights to Collect!
One of the most important things a custodial parent should
know about the enforcement of child support, is the serious
risk in losing one’s right to collect if enforcement
proceedings are not pursued in a timely fashion.
During the past five years California courts have rendered
numerous opinions holding the doctrine of laches applies to
child and spousal support arrears and have precluded
custodial parents from collecting where they have waited
too long. (See Marriage of Plescia (1997) 59 CA4th
252.)
The doctrine of laches is an equitable defense that allows
parents who have not paid child support to plead with the
court to not enforce the arrears, since the custodial
parent’s dely unfairly prejudiced them.
Thus, it is paramount that custodial parents enforce their
rights to collect in a timely fashion. It is
advisable for custodial parents who are having difficulty
collecting child support to be proactive and to take legal
action immediately.
Law Offices of Donald P. Schweitzer
201 South Lake Avenue, Suite 700
Pasadena, California 91101
(626) 683-8113
www.PasadenaDivorce.com
Article Source: http://top1k.com
Child Support Enforcement Tools Include Penalites Under the Federal Criminal Code by Jean Mahserjian
Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.
Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more.
In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.
Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effective child support enforcement tool.
The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.
A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.
The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.
The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.
If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.
Jean Mahserjian has practiced family law for close to two decades and is the author of many books devoted to helping consumers understand family law. To download free excerpts from her books, visit: Child Support Help
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