Los Angeles Child & Spousal Support Enforcement Attorney

How is Child Support & Alimony Court Orders Enforced in California?

When a divorce is finalized, the agreed-upon divorce judgment sets forth the terms and conditions of child custody, child support, alimony, property division, and other family-related issues. Unfortunately, it is not uncommon for an ex-spouse to disobey the judgment by refusing to pay child and/or spousal support, which is why an experienced Los Angeles enforcement attorney can help abide by the agreed-upon divorce judgment.

Speak with our Los Angeles child and spousal support enforcement lawyers today. Contact us online or call at (310) 817-6904 to schedule an initial consultation.

Methods of Enforcement in California

The following are several ways the court can enforce an alimony or child support order:

• Wage garnishment – This means money is taken directly from a person’s paycheck and used to pay off money he/she owes in missed alimony and/or child support payments. Additionally, the court could also intercept tax refunds and even lottery winnings and use those funds to cover child and/or spouse support payments.
• Execution and sale – If a person files a “writ of execution,” local law enforcement can then seize certain property from the ex-spouse, sell the property, and ensure the collected funds cover child and/or spouse support payments.
• License suspension – The court could suspend a non-paying party’s driver’s license and occupational license until they pay back the money they owe to the other party.
• Contempt – The party who is owed money can file for a contempt proceeding, which can potentially result in jail time or fines if the other party continues to miss payments.

If an ex-spouse is reluctant to pay child or spousal support, there are multiple ways the other party can take. However, the main course of action is to file a motion or petition to have the court enforce the payment.

Modification of Support Orders in California

In California, orders for child support and spousal support are established to ensure that financial obligations are met in a fair and consistent manner. However, life circumstances can change, making it necessary to revisit these orders. 

Support orders can be modified under certain conditions. Here are the most common grounds for requesting a modification:

• Changes in financial circumstances such as job loss, promotion with substantial salary increase or reduced hours
• Changes in child’s needs, for instance, increased medical expenses, educational costs, or childcare.
• Changes in living situation of the receiving spouse due to disability or increased expenses.
• Remarriage or cohabitation of the recipient of spousal support.
• Any significant life event, such as the birth of another child, a major health issue, or a substantial increase in living expenses, can also justify a modification request.

What Not to Do if Your Ex Refuses to Pay Child or Spousal Support

While it’s essential to take action to address non-payment, certain behaviors and reactions can complicate the situation or even jeopardize your case. Here’s a guide on what not to do if you find yourself facing this challenging situation.

• Do Not Ignore the Issue - Delaying action can lead to accumulated debt and further financial instability. Instead, document the missed payments and communicate with your ex about the situation.
• Do Not Engage in Confrontational Behavior - While it may be tempting to confront your ex in frustration, aggressive communication can escalate tensions and lead to more conflict. Instead, approach the situation calmly and professionally. 
• Do Not Make Verbal Agreements Without Documentation - If your ex offers to pay a different amount or promises to catch up on payments, do not rely solely on verbal agreements. Always document any agreements in writing and, if possible, have them formalized by the court. 
• Do Not Withhold Visitation Rights - If your ex is refusing to pay support, it may be tempting to withhold visitation rights as a form of leverage. However, this can backfire legally. Courts generally view visitation and support as separate issues, and denying access can lead to legal repercussions for you. 
• Do Not Make Threats or Ultimatums - While it can be frustrating to deal with non-payment, issuing threats or ultimatums can escalate the situation and damage your credibility. 
• Do Not Publicly Discuss the Situation - Avoid airing grievances about your ex or the situation on social media or in public forums. This can not only damage your reputation but may also negatively impact your legal case. 
• Do Not Represent Yourself Without Legal Guidance - While you may be tempted to handle the situation on your own, navigating the legal system can be complex. Representing yourself without legal knowledge may hinder your chances of successfully enforcing the support order. 

Our enforcement attorneys in Los Angeles can provide you with the guidance and advocacy needed to protect your rights and interests. Call us at (310) 817-6904 or contact us online.

Consequences of Non-Payment of Child or Spousal Support in California

In California, non-payment of child or spousal support can lead to serious legal penalties and financial repercussions. One immediate consequence is wage garnishment, where a portion of the non-paying party's wages can be withheld directly from their paycheck to satisfy overdue payments. Additionally, unpaid support accrues interest at a rate of 10% per annum, significantly increasing the total debt. 

Other penalties may include the suspension of driver’s and professional licenses, interception of tax refunds, and potential contempt of court charges, which could result in fines or jail time.

The legal consequences extend beyond financial burdens. Non-payment can also lead to modifications of custody or visitation rights, with courts potentially limiting access to children if financial obligations are not met. Property liens may be imposed, complicating the sale or refinancing of assets. In extreme cases, willful failure to pay support may result in criminal charges, categorized as misdemeanors or felonies under California law. 

Let Our Firm Protect Your Rights & Best Interests Today

Do not try to settle the issue yourself or let the other party continue to behave this way. Our firm can provide personalized and responsive legal representation from start to finish and ensure you get the outcome and justice you deserve.

At Claery & Hammond, LLP, we are committed to helping you hold the other party responsible for their withholding actions and make sure you recover the support payments you and/or your child are owed. Our Los Angeles enforcement lawyers can listen to your story, thoroughly evaluate your case, and determine all your legal options to get the best possible results inside and outside the courtroom.

For more information about our experienced legal services, call (310) 817-6904 or contact us online today.