Enforcing Child Support Orders
San Jose Divorce Lawyer
The situation can be frustrating and stressful. Not receiving the child support that is owed to you and your child could hurt more than your pocket book as it is your child’s well being that is at stake. Many child support dependents rely on that support for food, health care, and other life necessities.
Child Support Enforcement Act
Passed in 1984, the Child Support Enforcement Act requires that the district attorney or state attorney help a parent collect child support owed by the other parent. The district attorney will serve the parent in debt with papers requiring him or her to meet with the D.A. to arrange a payment schedule. Part of the conditions he or she is notified of is that if there is a refusal to meet or pay, he or she could go to jail.
Methods of Enforcement
Under federal law, the interception of tax refunds may be used to enforce a child support order. There are other methods of enforcement such as:
- Wage attachments
- Seizing property
- Suspending the business or occupation license of a payer who is behind on payments
Jail Time
In an extreme case, usually as a last resort, the court that issued the child support orders can hold the debtor in contempt. Should he or she not provide a reasonable explanation for the delinquency, or fail to appear before the court, the court will impose a jail term. This really is a last resort as most courts would rather keep they debtor out of jail so that he or she has the chance to earn the income necessary to pay the support.
A San Jose Child Support Lawyer Can Help
If you are the dependent of child support and need help enforcing the order, contact San Jose child support attorney Daniel Jensen at 408-296-4100 today.
