Enforcing Support Orders in California: What to Do When Payments Stop
When court ordered payments for child support and spousal support stop, the financial and emotional stress can be overwhelming. California law provides several powerful tools to help people collect the support they are owed. Understanding your rights and the enforcement process can make the difference between continued hardship and restored stability.
Understanding Support Orders
A support order issued from the court is a legally binding directive. It requires one party to make regular payments for the benefit of a child, former spouse, or both. These payments are not optional. Failing to comply with a court order is considered a violation of law and can lead to serious consequences for the noncomplying party.
Support orders remain in effect until they are modified or terminated by the court. This means that even if a parent loses a job or faces financial difficulties, they must continue paying unless they obtain a formal modification. Even if you have a good reason to pause payments, simply stopping payments without working the proper channels can result in accumulating arrears, interest, and penalties.
Confirm the Problem
Before taking enforcement action, it is often best to confirm that the payments have truly stopped. Sometimes missed payments occur because of a bank error, change in employment, or confusion about a recent court order. Review the court documents, payment history, and any communication from the other party.
Contact the Local Child Support Agency
California’s Department of Child Support Services (DCSS) offers free enforcement assistance through local offices. You can request that your local agency open or review a case to enforce payment. Once DCSS becomes involved, the department can take a wide range of actions to collect overdue support. This may include income withholding, bank account levies, interception of tax refunds, even suspension of professional or driver’s licenses.
Working with DCSS can be especially helpful if you are owed a large amount of back support or if the other parent lives in another state. The agency can coordinate with other jurisdictions to ensure enforcement across state lines.
Seek Court Enforcement
If you prefer to handle the matter privately, you can return to family court. The court can issue an order finding the nonpaying party in contempt. Contempt is a serious matter and can result in fines, wage garnishment, or even jail time. To succeed in a contempt action, you must show that a valid support order exists, that the other party knew about the order, and that they then willfully failed to comply with the order.
The court may also issue a judgment for unpaid support. This converts the unpaid amount into a collectible debt, allowing you to pursue enforcement through various methods. An experienced family law attorney can further advise if this path meets your needs.
Keep Records and Stay Proactive
Accurate records are vital when enforcing a support order. Keep copies of all court documents, payment receipts, correspondence, and any notes about communication with the other party. These records can serve as critical evidence if you ever need to return to court to enforce a support order.
Immediately engaging with an experienced family law attorney can also make a huge difference. The sooner you start taking the right steps to rectify whatever has gone awry in your own circumstances, the sooner you can resolve the situation.
Contact Cardwell Steigerwald Young LLP
While California provides several enforcement tools, the process can be complex and emotionally charged. Having knowledgeable representation can make the process faster and more effective. A San Francisco family law attorney at Cardwell Steigerwald Young LLP can help you navigate the legal system, file the proper motions, and ensure that your rights are protected.
