We’ve all heard of child support, which is the amount of money a court orders one or both parents to pay to support their children’s living expenses. A common complaint is that one parent is not fulfilling his or her child support obligations. This article will explain the procedure for enforcing child support and provide information on free resources to assist in the process.
- Get an Order. An Order is a written document by the Court that shows entitlement to child support. A verbal promise from one spouse to another is not an Order.
- If you and the other parent agree. If you do not have an Order, but you and the other parent can come to an agreement about the amount, then you memorialize that in writing and then the Judge will approve it if he or she feels it is in the best interest of the child.
- If you and the other parent do not agree. If you do not have an Order, and you and the other parent cannot come to an agreement, then you will have to file an action for child support.
- Motion for Contempt. The next step, once you have the Order in hand, is to file a Motion for Contempt. You have probably heard of being “in contempt” of court in a criminal matter. In a civil matter, such as a divorce, a Motion for Contempt basically asserts to the Court that the other party has not obeyed the Court’s order. If the Judge grants the Motion for Contempt, then the other parent can be ordered to pay fines or serve jail time.
- Time limit. Timing is very important! Be sure to file your Motion for Contempt within three years from the payment is due to avoid having the statute of limitations run.
- Driver’s License Penalties. If the payment is more than 30 days late on child support, the DMV may refuse to issue or renew a drivers’ license. If the payment is more than 120 days late for child support, the State of California can revoke the non-paying parent’s license.
- Can interest be charged on missed support payments? Yes, interest accrues at the rate of 10% per year.
- Available Resources.
- Every county has a child support facilitator who will help you for free. To find yours, go to http://www.courts.ca.gov/selfhelp-facilitators.htm
- If you are looking for other government resources relating to child support, visit childsup.ca.gov. This website is run by the California Department of Child Support Services and may have helpful resources to assist you.
