A parent can refuse to pay child support or might lack the financial ability to pay. When that happens, it’s up to the other parent and their lawyer to initiate legal action against the delinquent party. Before you can enforce payment, you must have court-ordered child support. Oral agreements between parents are not enforceable.
Once you do have a court order in place, you can enforce child support should the other parent refuse to pay. You can file a motion to ask the court to hold a contempt proceeding to get the parent to comply with the court order, and if the court determines that the delinquent party is willingly refusing to pay, they can impose penalties.
Depending on the type of contempt (civil or criminal), the parent could potentially face jail time or fines if they don’t pay. The court could also order a wage garnishment, meaning the support amount would be taken automatically from the parent’s paycheck after they’ve refused to pay their child support obligation. In addition, the California DMV may suspend the parent’s driver’s license for failure to pay. There are even more options that the court might consider depending on the circumstances.
If, however, the delinquent party shows evidence to the court that they lack the income or assets to pay their support obligation, the court will not hold them in contempt nor impose fines.
If you’re looking to enforce your support order and collect overdue payments, the Carlos Navarrete Law Firm is here to assist you. We can guide you through family law matters to ensure you have the resources needed to support your child. Our Hanford, CA, child support order lawyers are never afraid to fight for your rights and your child’s best interest.
To schedule a consultation, call us or contact us online.