Your ex-spouse should be paying the child support payments owed to you, in full, on-time, every time, period. It is not only your ex-spouse’s legal and moral obligation to help financially support your child, but, when there is a court order, it is absolutely the case that payments are supposed to be made in exact accordance with the order. Excuses about money and convenience are unacceptable and irrelevant, and you should not have to beg or even ask for the funds that you and your child are legally obligated to under the order. But, of course, many parents are nevertheless delinquent in fulfilling their obligations, and the responsibility will generally fall on you as the receiving parent to take steps necessary to make sure payments are made on time.
Explain to Your Ex-Spouse Your Intention to Take Action re Child Support
While there are numerous legal tools available in California to more quickly obtain your child support payments on time, sometimes an ex-spouse who is more careless than greedy in their delinquency can get their act together via a direct and intentional conversation about the steps you are prepared to take to ensure that your child receives the financial support owed. Most people would prefer not to have their employer contacted and/or wages garnished when they can simply transfer that same amount of funds voluntarily. By telling your spouse calmly and clearly that you will have to contact a lawyer to accomplish those efforts, you may be able to secure more timely payment without further action.
Going to Court to Arrange Enforcement of Child Support Payments
If a sternly-worded conversation does not result in consistent, on-time payments of child support payments, then it will be time for you to make good on your warnings and work with a California family law attorney who can petition a California family law court to enforce the child support order. The judges who make child support orders in the first place generally do not take kindly to people who willfully disavow their orders and are often willing to take further steps to ensure you are paid.
An ex-spouse’s arguments that he or she cannot afford the payments are not acceptable as a defense to non-payment (that spouse can seek a modification if he wants an adjustment, but cannot simply choose not to pay), and your child support payment should be a first financial priority, not a last one. Your attorney can petition the court to take several actions to ensure payment, including:
- Garnishing your ex-spouse’s wages
- Placing a lien on property owned by your ex-spouse
- Intercepting tax refunds and government benefit payments
- Placing the ex-spouse in contempt of court, which can mean jail time and/or fines
Your California family law attorney can present your best arguments to the court for a speedy recovery of back payments as well as assurance of payments going forward, while countering any arguments presented by the ex-spouse.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.