San Jose Child Support Enforcement Lawyer - John S. Yohanan

When a parent or ex-spouse falls behind in child support or alimony payments you do have options available to enforce the terms of your divorce or child support agreement.

Contact Santa Clara County family law office of attorney John S. Yohanan for legal advice and representation in contempt of court cases and child support enforcement.

Enforcement proceedings involve the presentation of facts, often by written affidavit, before a Family Court judge. If the judge issues an order of contempt of court, then the person in default on their child support or spousal support payment could be subject to jail time of up to five days for each violation of an effective Family Court decree. Each missed payment is regarded as a separate violation, so jail terms can increase quickly.

In the case of child support payments, especially where the parents were never married, the California Department of Child Support Services can help collect arrearages through wage garnishment and revocation of the parent's driver's license or professional licenses. Direct private action through the Family Court system where you or the defaulting parent lives is usually a faster remedy, however.

Other situations where judicial enforcement mechanisms are available to enforce your rights include:

• Failure to maintain health or other insurance coverage as ordered by the court
• Refusal to disclose assets
• Failure to pay marital debts as ordered by the court

In many circumstances, application for an order of contempt is just one alternative available to assert your rights and protect your interests under a divorce decree. For additional information, call me, family law attorney John Yohanan, at my San Jose law office.