Enforcement of Support Orders
Enforcement proceedings involve the presentation of facts, most often by written declaration, before a Family Court judge.
There are various remedies to collect unpaid support. The court can issue a writ of execution and assets can be levied. If a paying parent is self-employed the court can order the deposit of up to one year's worth of child support payment into an interest-bearing account. This account acts as security for monthly child support payments.
Contempt of court is also a procedure to enforce and collect past due support. 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 past due support 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
Are you having difficulty obtaining child support? Have your alimony payments stopped arriving? I, John S. Yohanan am a family law attorney who will listen to your challenges, analyze your situation and provide practical advice. If aggressive tactics are needed, I am an aggressive lawyer who knows how to get results when child or spousal support payments are not made. When a parent or ex-spouse falls behind in child support or alimony payments, you have options. You do not have to tolerate missed payments. The law is on your side and enforcement of court orders are taken very seriously. The terms of your divorce or child support agreement will be enforced.
Contact a Santa Clara County family law attorney who has more than three decades of experience helping clients get the divorce settlements they seek and the support they need. As I have done in the past for innumerable clients, I will offer you aggressive and sophisticated representation in your support enforcement dispute.
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 and insight about your legal options, call San Jose Family Law Attorney John S. Yohanan at (408) 297-0700 or via our online form.