Enforcing Child Support Payments in Modesto, CA
Non-payment of child support can have serious legal consequences. Not receiving the payments you are due can be extremely difficult on you and your child. Both situations are resolvable when you retain an experienced Modesto family lawyer to represent you. At Scott Mitchell Law Incorporated, in the past 7 years we have worked on over 2,500 family law cases.
Our focus is on helping people settle the important issues of divorce. Even with a divorce that was accomplished in a relatively friendly fashion, situations may arise later that can become a problem requiring legal assistance. Chief among these problems is the issue of enforcing a child support order.
Accused of Failure to Pay?
The court looks poorly on those it sees as being non-compliant with their orders, especially if it affects a child. If you are accused of failure to pay child support, the ramifications make it vital that you are properly represented. A finding of contempt of court for violation of a child support order can result in jail time, the payment of court costs and fines. The court can also direct that a violator's wages be garnished and that his or her driver's license be revoked.
For some, it can bring about the suspension or revocation of a professional license which can affect their ability to earn a wage. In addition, the court can seize tax returns as well as put a lien on the property and bank accounts of a parent who fails to make child support payments. Large fines, restitution and federal prison time can be assessed when a parent flees the state to prevent having to make payments. In our state, actions will continue to enforce child support payments until they are caught up.
Experienced Assistance from a Modesto Family Lawyer
If you are seeking enforcement of an existing child support order, it is crucial that your case be correctly presented in accordance with the law. In the same manner as your divorce, the overriding interest of the court is the the best interest of the child. In our state, each parent has a legal obligation to support their child financially. This applies during the marriage and after your divorce. We offer a free case evaluation to establish if you have grounds for legal action to enforce a child support order. When our review and analysis shows that enforcement is called for, we can request that the court find your ex-spouse in contempt for non-payment of child support.
In addition, we can ask that the court order your ex-spouse to pay penalties and interest on the child support payments that are overdue. These penalties can be substantial, going beyond the original payment that is owed. When needed, we can request that the existing support order in your case be made clearer so that it is more enforceable. We can also enlist the aid of the California Department of Child Support Services in getting a child support order carried out.
For those that are accused of non-payment, there may be changes in your life that make a child support modification necessary. For example, if you have lost your job or have experienced a significant drop in income, we can prepare and file the proper legal motions to secure a change to an existing order. This can result in the amount of your payments being lowered. It can also put a halt to any penalties and interest that are being added to the amounts you owe.
Protect Your Rigths. Call 209.529.7406
On either side of the child support issue, a parent deserves to have someone who can effectively present their case. For more information about our family law practice and how we can assist you, contact a Modesto family lawyer from our firm today.