Child Custody Enforcement Attorney Laguna Hills, Ca

What is Child Support Enforcement?

 Child support is the cash payment that noncustodial parents are legally required to make for their children’s financial support. It is usually established when parents divorce or separate or when the custodial parent applies for public assistance, which is paid monthly. The Child Support Enforcement (CSE) program’s mission is to improve children’s well-being by assisting custodial parents and children in obtaining consistent and ongoing financial support from noncustodial parents.

Who is Responsible for Child Support?

Both parents are responsible for their child’s upbringing. Child support guidelines established by the legislation are used by each state to determine how much child support each parent is obligated to pay. Noncustodial parents (those with whom the child does not live primarily) are usually required to pay child support to the custodial parents.

How Is Child Support Calculated?

The child support guidelines base support primarily on parental income. However, the definition of parental income varies by state. Some states, for example, may consider both parents’ income, whereas others may only regard the noncustodial parent’s income. Aside from parental income, several other factors can be considered when calculating child support.

How Frequently Is Child Support Paid?

That is entirely dependent on the terms of the child support order. Although it is usually common for courts to order support payments to be made monthly, there may be instances where payments are made weekly, biweekly, or even bimonthly. Parents can certainly request that the court approve a specific schedule, but it is up to the judge to decide whether or not the requested schedule is acceptable.

Are There Different Ways to Pay Child Support?

Child support payments are coordinated and processed by a designated agency in each state. The support amount is withheld from the paying parent’s income and paid to the state agency for distribution to the support recipient as the default payment method. This is done to avoid frequently occurring problems when payments were made directly between parents. A centralized system was thought to be more efficient for everyone involved.

How Long Do You Have to Pay Child Support?

It’s no surprise that most parents, even as adults, feel obligated to always support their children. Aside from parental guilt, the law only requires parents to financially support their children until the child reaches the age of majority. Emancipation occurs in many cases when the child reaches the age of majority, which in most states is 18. A court may emancipate a child under the age of majority (usually between the ages of 16 and 18). This is more likely if the child is financially self-sufficient, married, or in the military.

Child Support Enforcement in California

You must first ensure that you have court-ordered child support established before you can enforce it. You won’t be able to administer your child support agreement in court if you and your child’s other parent only have an oral agreement. If you and your ex-spouse can agree on a support amount, you must memorialize your agreement in writing and have it approved by a judge. If the court determines that the amount is in your child’s best interests, a judge will issue a child support order based on your agreement.

If you and the other parent cannot agree and need child support established in your case, you must file a child support action in your county superior court. You can accomplish this in one of three ways:

• Using the child support forms available on the California Courts’ website,
• Hiring a private attorney to file a child support petition on your behalf, or
• Requesting that your local child support agency open a case and file a child support claim on your behalf. The Californian local child support agency is known as the California Department of Child Support Services (DCSS). Find a DCSS office near you by visiting their website.

Once child support is imposed, the court can take several steps to enforce the decision and help the custodial parent recover past-due payments.

Contempt of Court Motion

In California, a parent not paying child support can be held in “contempt” of court. The judge believes you intentionally ignored a court order when you are found to be in contempt.

Contempt is both criminal and civilly actionable. The court can impose fines or jail time if the absent parent is deemed in criminal contempt.

A parent held in civil contempt can also be jailed. However, they can be let go after making up some back child support. A court may also punish contempt with both civil and criminal sanctions.

In California, there is a statute of limitations (i.e., a deadline) for submitting a move for contempt based on unpaid support. A delinquent parent can be held in contempt for three years after the payment was due. You can only file a contempt case for the most recent three years, for instance, if the other parent has not paid child support for six years. To ensure you get all past-due child support if the noncustodial parent doesn’t pay, file for contempt at least every three years.

Other Penalties in California for Nonpayment of Child Support

There are additional penalties in California for failing to pay child support. The Department of Motor Vehicles (DMV) may refuse to issue or renew a driver’s license if a parent is behind for more than 30 days on child support payments. A temporary license (valid for 150 days) may still be provided, but it will not be extended if payment is not received. The state may cancel the license entirely if a parent fails to pay child support for 120 days (or more). Another penalty is reporting late payments to credit bureaus, which can harm one’s credit rating.

Call our Child Custody Enforcement Attorney Now!

Child custody agreements are essential components of a separation or divorce, so have a skilled family law team on your side as you navigate the complexities of legal paperwork and courtroom rules. We at Trevino Law Inc. work hard to ensure that your relationship with your children is preserved and maintained after the conclusion of the separation process or divorce case, whether in the form of legal and/or physical custody or a reasonable visitation agreement. 

Contact us as soon as possible for a consultation – our experienced family law attorney would be happy to answer any questions you may have and provide legal advice.

When dealing with a legal situation, it is critical to have competent lawyers familiar with state and federal legislation. Trevino Law Inc. is a law office in California that helps its clients with various legal issues, including child support, custody, divorce, domestic violence, and estate planning.