When a couple with children divorces and one party requests child support, then the non-custodial parent is usually ordered to pay child support. Once a child support order is entered, the court issues a child support order. This order delineates the amount of support and timeframe for payment, and is enforceable through several mechanisms.
When the court issues the child support order, a wage assignment is sent to the non-custodial parent's employer. If the supporting parent is ill, disabled or unemployed, the court can attach other sources of funds such as workers compensation, unemployment or Social Security benefits; tax refunds; or disability benefits. In the event that the responsible parent falls behind in payments or does not pay the full amount, the custodial parent may ask the court to enforce the child support order.
A family law attorney can advise you as to your rights and assist in the collection of your child support payments.
A California court can also issue an order of examination, in which the parent is questioned under oath about his or her assets. If all else fails, a parent who does not fulfill the obligation to pay child support may be found in contempt of court and face a prison sentence. The state considers the duty to support a child to be of the utmost importance.
If you require assistance collecting child support payments, consult a family law attorney as soon as possible.