Learn What to Do When Your Co-Parent Won’t Pay Their Child Support

Posted on: February 18, 2019

Learn What to Do When Your Co-Parent Won’t Pay Their Child Support

Child support is not a suggestion – it is a legal obligation that must be paid or serious penalties can apply. If your child’s other parent is not paying the child support that they are legally required to pay, then you do have options. You can contact Law Office of Michael L. Fell right now at (949) 585-9055 and we will go over your specific case to offer our best legal advice. You can also keep reading to get general advice.

What the Federal Law Says About Child Support Enforcement

If a parent is ordered by the court to pay child support, and they purposely do not pay said support, then they can potentially be subject to federal prosecution. This applies if the child and the parent live in different states, if the amount of back child support is more than $5,000, or if the non-paying parent has been in arrears for more than a year. If charged, it is a misdemeanor offense that comes with fines and up to six months in jail.

Actions to Take if You Are Owed Child Support

If you are owed child support in the state of California then you have a few options on how you can proceed. The first option is to contact the police department and ask them to enforce the order. Second, you can contact your local district attorney of your county. Look for a unit known as the child Abduction and Recovery Unit, which covers child support.

A third option is to file for contempt with the court. This involves asking the court to enforce the order that they have already put down. The court will make a finding that the other party has willfully disobeyed the court order. If this is the option you are considering, then we suggest working with a family law attorney for help.

Are There Other Ways You Can Get the Money You Are Owed?

If you follow the above advice, your attorney can help you see if wage garnishment is an option and what other ways the law can effectively force your child’s other parent to pay. However, we also encourage our clients to consider if there may be an easier way to get them to pay. For example, are you sure you are at a point in which you cannot come to an agreement together?

We have seen cases in which the defaulting parent has not paid child support for some time. They have refused to do so. Yet, months later, when the custodial parent makes a request for mediation or another non-confrontational way to come to an agreement, they suddenly agree and begin paying support. This may be because they feel as though they did not back down. It may be because enough time has passed that they are less emotional about the situation. Whatever the reason, it may be worth pursuing.

When you choose Law Office of Michael L. Fell as your family law attorney, you can count on us using every possible method of securing the child support you are owed. Call us now at (949) 585-9055 for your consultation.