Family Law AdvisorŪ
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Making a Parent Pay Support.
Tools Available to make a Parent Pay Support.
Many remedies are available to enforce court orders, both with respect to
custody, as well as with respect to child and spousal support orders. Some
of the most common of these remedies include:
- Contempt: A party subject to a valid order who with knowledge of the
order and the ability to comply with the order, fails to comply with the
terms of the order, is subject to contempt charges. Usually, contempt is
quasi-criminal in nature, and the burden of proof of the moving party is
typically "beyond a reasonable doubt." A party may be found in contempt for
many violations, including failing to abide by custody orders, failure to
pay support, and other violations. If the citee is found guilty, they are
subject to jail time as well as being fined.
- Wage Assignment Order: Under California Law, the court is required to
issue an earnings assignment for all support orders: An order requiring the
payor spouse's employer to directly pay the support to the recipient of
child, family or spousal support is now mandatory whenever the court makes
or modifies a support order. [Ca Fam Sec.5230(a)]. The only exception to
this rule is where the parties agree otherwise. This tool can be
particularly powerful where a party has failed to make regular payments, as
the employer is required to directly pay the recipient the support out of
the payor's pay check.
- Writ of Execution: Utilizing this procedure, a party owed support or
other funds may petition the court for an order that assets be seized and
sold to satisfy the obligation. This procedure also can be used against
bank and deposit accounts to get obtain large sums of money that are
past-due.
- Motion for Determination of Arrearages: Where an individual owes or
disputes a significant amount of support, either party may petition the
court for a hearing to determine exactly how much support is owed. This
calculation should include legal interest at the rate of 10% per year, and
such interest can be significant. This procedure can also be used where the
District Attorney sues a party claiming that they owe significant back
support, and the obligated spouse contests this amount.
- Child Support Security Account/ Electronic Funds Transfer: The court can
require the paying spouse to deposit up to one year's payments to fund an
interest-bearing trust account for the supported child. The account acts as
a continuing guarantee for monthly child support payments; disbursements to
satisfy support arrears will be ordered if payments become 10 or more days
overdue. This method of enforcement is often used where the obligor spouse
is self-employed or frequently changing jobs. [California Family Code
Sections 4560, 4561, 4570]
©1998 LawTek Media Group, LLC
and Aaron Dishon, Esq.
all rights reserved
(The preceeding information is advertising; as defined in and pursuant to Article 9.5 of the California Business and Professions Code)
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