In California, enforcing family law orders—such as child custody, child support, spousal support, and property division—can be crucial when one party fails to comply with court-ordered obligations. The California Family Code provides various enforcement mechanisms that can help ensure compliance. These enforcement tools are designed to help the courts ensure that both parties adhere to the terms of the order, promoting fairness and stability for children and families.
Key Enforcement Tools in California Family Law
California law provides several tools for enforcing family law orders, including:
- Contempt of Court (Family Code § 290)
- Wage Garnishment (Family Code § 17522)
- License Suspension (Family Code § 17520)
- Attachment of Assets (Civil Code § 488.010)
Each of these tools can be used in different situations, depending on the nature of the non-compliance and the type of order being enforced.
1. Contempt of Court for Failure to Comply with Orders
Family Code § 290 allows a party to file for contempt of court if the other party fails to comply with a court order. This could involve failure to pay child support, violate custody or visitation orders, or not comply with spousal support obligations. A contempt petition can result in serious legal consequences, including fines, jail time, or other penalties.
Case Study: Non-Payment of Child Support
Mark was ordered to pay child support for his two children after his divorce. However, he repeatedly failed to make the required payments for over six months. His ex-wife, Sarah, filed a contempt of court motion under Family Code § 290. The court found Mark in contempt and ordered him to pay back the overdue support along with fines and interest, and his wages were garnished to ensure future payments.
Effectiveness of Enforcement:
The contempt of court order forced Mark to comply with his child support obligation, preventing further non-payment and providing financial security for Sarah and the children.
2. Wage Garnishment for Spousal or Child Support
When a party fails to pay spousal support or child support, one effective enforcement tool is wage garnishment. Under Family Code § 17522, the court can order a portion of the non-custodial parent’s wages to be directly deducted by the employer and paid to the other parent.
Case Study: Spousal Support Garnishment
Jessica was awarded spousal support after her divorce, but her ex-husband, Thomas, stopped paying. She filed a motion for wage garnishment under Family Code § 17522, and the court ordered Thomas’ employer to deduct the support payments directly from his paycheck. The garnishment ensured Jessica continued receiving the payments she was entitled to.
Effectiveness of Enforcement:
Wage garnishment under Family Code § 17522 provided Jessica with the ongoing support she needed without further interference from Thomas. It is one of the most reliable ways to enforce financial obligations in family law cases.
3. License Suspension for Non-Payment of Child Support
Family Code § 17520 allows for the suspension of certain licenses—such as driver’s licenses, professional licenses, or business licenses—when a person fails to pay child support. This enforcement tool puts pressure on the non-paying parent to comply by restricting their ability to work or travel.
Case Study: License Suspension for Non-Payment of Child Support
John had fallen behind on his child support payments for over a year. Despite several warnings, he failed to make any payments. The child support agency requested the suspension of John’s driver’s license under Family Code § 17520. The court granted the request, and John’s license was suspended until he made sufficient payments.
Effectiveness of Enforcement:
The license suspension led to a swift resolution, as John was forced to make child support payments to regain his driving privileges. The threat of further personal and professional consequences encouraged him to comply with the order.
4. Attachment of Assets for Property Division
When a party refuses to comply with a property division order in a divorce or separation, attachment of assets may be used to enforce the order. Under Civil Code § 488.010, the court can issue an order to seize the assets of the non-compliant party to satisfy the terms of the property division.
Case Study: Property Division Non-Compliance
After a divorce, Sarah was entitled to a portion of the property and assets that were jointly owned with her ex-husband, Mark. Mark refused to turn over his share of the property as agreed. Sarah filed a petition for attachment of assets under Civil Code § 488.010, and the court issued an order to seize certain property from Mark’s accounts until the division was honored.
Effectiveness of Enforcement:
The attachment of assets forced Mark to comply with the property division order, ensuring that Sarah received her fair share of the marital assets and preventing further evasion.
How Scott Mitchell Law Can Help
At Scott Mitchell Law, we are dedicated to helping clients navigate the complexities of enforcing family law orders in Stanislaus County and Modesto. Whether you are seeking to enforce child support, spousal support, custody orders, or property division, our team can help you utilize the enforcement tools available under the California Family Code and Civil Code. We offer:
- Guidance through the enforcement process: We assist in filing for contempt motions, wage garnishments, license suspensions, and asset attachments.
- Strong legal representation: If your ex-spouse or partner is non-compliant, we can take legal action to enforce your rights and secure the support or property you are entitled to.
- Effective solutions tailored to your case: We work with clients to select the most appropriate enforcement method for their specific situation, ensuring the best possible outcome.
If you are dealing with non-compliance in a family law matter, contact Scott Mitchell Law for a consultation. We’ll help you navigate the enforcement process and ensure your family law orders are upheld.