"My Ex Refuses to Pay Child Support": A Guide to Enforcement in Orange County

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You went through the long, stressful process of getting a child support order. You thought it was settled. But now, the other parent is not paying. They may be paying late, paying partial amounts, or not paying at all. This is not just frustrating; it is a violation of a legal court order, and it puts your child's financial stability at risk. You are not helpless. The law provides powerful tools for "enforcement." This is a situation where you absolutely need a child support attorney in Orange County. At JOS FAMILY LAW, we are experienced in taking aggressive action to collect the money your child is owed.

First, it is crucial to understand that you cannot "punish" the other parent by withholding visitation. This is illegal, will get you in trouble with the court, and is completely separate from the financial issue.

The first step in any enforcement action is to get an accurate accounting. You must have a clear record of what was owed and what was (or was not) paid. This "past-due" support is called "arrears," and in California, it accrues 10% interest per year.

Once you have this, your attorney has several powerful tools. The most common and effective is the Department of Child Support Services (DCSS). This is the state agency whose job is to enforce support orders. Your attorney can work with DCSS to implement automatic enforcement. This includes:

  • Wage Garnishments: DCSS can serve an "Income Withholding Order" directly to the non-paying parent's employer, and the support will be taken directly out of their paycheck before they ever see it.
  • Bank Levies: DCSS can find the parent's bank accounts and seize the funds.
  • Intercepting Tax Refunds: DCSS will automatically intercept any state or federal tax refund to pay down the arrears.
  • License Suspension: In serious cases, DCSS can have the parent's driver's license, business license, and even passport suspended.

If the parent is self-employed or hiding in cash, your attorney may need to take more direct court action. This is called a Contempt Action. This is a "quasi-criminal" proceeding. You are not just asking the judge to order payment; you are asking the judge to punish the other parent for intentionally violating the order. Your lawyer must prove beyond a reasonable doubt that: 1) there was a clear court order, 2) the other parent knew about it, and 3) they had the ability to pay and willfully refused.

If found "in contempt," the other parent can be fined, ordered to do community service, and in extreme cases, can even face jail time. This is a very serious and powerful tool to force a non-compliant parent to take their obligation seriously.

You do not have to be a bill collector. Your child has a legal right to this support. Your attorney's job is to use the full power of the law to collect it.

If you are owed back child support, do not wait. Contact the experienced legal team at JOS FAMILY LAW.