| Mary Smith's divorce was final and she hoped her | | | | Mary Smith's divorce was final and she hoped her |
| headaches were over. The court had ordered her | | | | headaches were over. The court had ordered her |
| ex-husband to make monthly payments in support of | | | | ex-husband to make monthly payments in support of |
| their two children, and although the amount of support | | | | their two children, and although the amount of support |
| was not much, Mary expected the money would help | | | | was not much, Mary expected the money would help |
| her in paying for the children's clothing, food, and | | | | her in paying for the children's clothing, food, and |
| shelter. Unfortunately Mary's headaches just began. | | | | shelter. Unfortunately Mary's headaches just began. |
| When Mary's ex-husband did pay support, which was | | | | When Mary's ex-husband did pay support, which was |
| rare, it was always late, and never the full amount. As | | | | rare, it was always late, and never the full amount. As |
| a result, Mary was forced to bear the responsibility of | | | | a result, Mary was forced to bear the responsibility of |
| supporting their children alone. Does Mary's story | | | | supporting their children alone. Does Mary's story |
| sound familiar? | | | | sound familiar? |
| Unfortunately, Mary's story is all too familiar. Custodial | | | | Unfortunately, Mary's story is all too familiar. Custodial |
| parents throughout the nation are not receiving court | | | | parents throughout the nation are not receiving court |
| ordered child support, and as a result millions of children | | | | ordered child support, and as a result millions of children |
| are not provided for in the manner they deserve. | | | | are not provided for in the manner they deserve. |
| Moreover, custodial parents routinely give up in their | | | | Moreover, custodial parents routinely give up in their |
| quest to receive support, which is tragic, considering | | | | quest to receive support, which is tragic, considering |
| the enforcement methods available to them. | | | | the enforcement methods available to them. |
| In this article we will explore the various methods | | | | In this article we will explore the various methods |
| available in the collection of child support and discuss | | | | available in the collection of child support and discuss |
| the importance of vigorously pursuing such matters. | | | | the importance of vigorously pursuing such matters. |
| First of all, custodial parents should know that there are | | | | First of all, custodial parents should know that there are |
| a variety of enforcement mechanisms provided by | | | | a variety of enforcement mechanisms provided by |
| law to assist in the collection of child support. The | | | | law to assist in the collection of child support. The |
| following list constitutes some of the tools that are | | | | following list constitutes some of the tools that are |
| available to custodial parents: | | | | available to custodial parents: |
| Wage Assignment | | | | Wage Assignment |
| An earnings assignment order for support, commonly | | | | An earnings assignment order for support, commonly |
| referred to as a "wage assignment," is available for | | | | referred to as a "wage assignment," is available for |
| enforcement of child and spousal support orders, and | | | | enforcement of child and spousal support orders, and |
| is probably the most effective and commonly used | | | | is probably the most effective and commonly used |
| enforcement method. An earnings assignment order | | | | enforcement method. An earnings assignment order |
| for support is binding on an employer of the obligor on | | | | for support is binding on an employer of the obligor on |
| whom it is served, regardless of whether the obligor | | | | whom it is served, regardless of whether the obligor |
| was employed by that employer when the order was | | | | was employed by that employer when the order was |
| issued and regardless of whether the obligor was | | | | issued and regardless of whether the obligor was |
| employed by that employer when the order was | | | | employed by that employer when the order was |
| issued and regardless of whether the order lacks | | | | issued and regardless of whether the order lacks |
| identifying information about the employer or includes | | | | identifying information about the employer or includes |
| incorrect information about the employer. California | | | | incorrect information about the employer. California |
| Family Code, Section 5231. | | | | Family Code, Section 5231. |
| Earnings assignment orders for support must require | | | | Earnings assignment orders for support must require |
| that the obligor notify the obligee of any change of | | | | that the obligor notify the obligee of any change of |
| employment, and of the name and address of the | | | | employment, and of the name and address of the |
| new employer, within ten days after obtaining new | | | | new employer, within ten days after obtaining new |
| employment. California Family Code, Section 5281. | | | | employment. California Family Code, Section 5281. |
| Writ of Execution | | | | Writ of Execution |
| A writ of execution is an order to a county's levying | | | | A writ of execution is an order to a county's levying |
| officer (i.e., its sheriff or marshal), or to a registered | | | | officer (i.e., its sheriff or marshal), or to a registered |
| process server, to obtain satisfaction of a judgment | | | | process server, to obtain satisfaction of a judgment |
| for a judgment creditor. The writ may be executed by | | | | for a judgment creditor. The writ may be executed by |
| (1) seizing funds of the judgment debtor and delivering | | | | (1) seizing funds of the judgment debtor and delivering |
| them to the judgment creditor, (2) seizing and delivering | | | | them to the judgment creditor, (2) seizing and delivering |
| real or tangible personal property, or (3) seizing and | | | | real or tangible personal property, or (3) seizing and |
| selling real or tangible personal property and delivering | | | | selling real or tangible personal property and delivering |
| the proceeds. | | | | the proceeds. |
| Judgment Lien on Real Property | | | | Judgment Lien on Real Property |
| A judgment lien on real property to enforce a money | | | | A judgment lien on real property to enforce a money |
| judgment may be created by recordation. The | | | | judgment may be created by recordation. The |
| particular document to be recorded depends on the | | | | particular document to be recorded depends on the |
| nature of the money judgment being enforced. When | | | | nature of the money judgment being enforced. When |
| the underlying money judgment is an order for child, | | | | the underlying money judgment is an order for child, |
| spousal, or family support payable in installments, the | | | | spousal, or family support payable in installments, the |
| lien is usually created by recording an Abstract of | | | | lien is usually created by recording an Abstract of |
| Support Judgment. The judgment lien is simple and | | | | Support Judgment. The judgment lien is simple and |
| sometimes very effective enforcement method that | | | | sometimes very effective enforcement method that |
| should not be overlooked. The benefit from the lien is | | | | should not be overlooked. The benefit from the lien is |
| usually realized when the judgment debtor attempts (1) | | | | usually realized when the judgment debtor attempts (1) |
| to sell real property in a county in which the document | | | | to sell real property in a county in which the document |
| is recorded or (2) to obtain a loan to be secured by | | | | is recorded or (2) to obtain a loan to be secured by |
| real property located in such a county. The | | | | real property located in such a county. The |
| prospective purchaser or lender will probably insist that | | | | prospective purchaser or lender will probably insist that |
| any liens be paid off. | | | | any liens be paid off. |
| Contempt Proceedings | | | | Contempt Proceedings |
| By statute, contempt proceedings are available to | | | | By statute, contempt proceedings are available to |
| enforce any judgment or order made under the Family | | | | enforce any judgment or order made under the Family |
| Code. If the contempt alleged is for failure to pay child, | | | | Code. If the contempt alleged is for failure to pay child, |
| spousal, or family support, each month for which | | | | spousal, or family support, each month for which |
| payment has not been made in full may alleged and | | | | payment has not been made in full may alleged and |
| punished as a separate count. The limitation period for | | | | punished as a separate count. The limitation period for |
| such a failure is three years from the date the | | | | such a failure is three years from the date the |
| payment was due. | | | | payment was due. |
| Deposit of Assets to Secure Child Support Payments | | | | Deposit of Assets to Secure Child Support Payments |
| In an order or judgment requiring payment of child | | | | In an order or judgment requiring payment of child |
| support, the court may also require, subject to certain | | | | support, the court may also require, subject to certain |
| restrictions, that the obligor pay up to one year's child | | | | restrictions, that the obligor pay up to one year's child |
| support, to be known as the "child support security | | | | support, to be known as the "child support security |
| deposit." When making an order for payment of a child | | | | deposit." When making an order for payment of a child |
| support security deposit the court must direct that the | | | | support security deposit the court must direct that the |
| obligor deposit the amount in an interest-bearing | | | | obligor deposit the amount in an interest-bearing |
| account and subject to withdrawal only on court | | | | account and subject to withdrawal only on court |
| authorization. Furthermore, the court must order the | | | | authorization. Furthermore, the court must order the |
| obligor to supply evidence of the deposit. | | | | obligor to supply evidence of the deposit. |
| Penalties for Unpaid Child Support | | | | Penalties for Unpaid Child Support |
| The California Family Code provides for substantial | | | | The California Family Code provides for substantial |
| monetary penalties for unpaid child support. The | | | | monetary penalties for unpaid child support. The |
| penalties are intended to be applied in "egregious | | | | penalties are intended to be applied in "egregious |
| instances of noncompliance with child support orders." | | | | instances of noncompliance with child support orders." |
| Attorney's fees | | | | Attorney's fees |
| The California Family Code also provides that the | | | | The California Family Code also provides that the |
| court may order the non custodial parent pay | | | | court may order the non custodial parent pay |
| attorney's the custodial parent's attorney's fees for | | | | attorney's the custodial parent's attorney's fees for |
| having to bring enforcement proceedings. | | | | having to bring enforcement proceedings. |
| Don't Sit on your Rights to Collect! | | | | Don't Sit on your Rights to Collect! |
| One of the most important things a custodial parent | | | | One of the most important things a custodial parent |
| should know about the enforcement of child support, is | | | | should know about the enforcement of child support, is |
| the serious risk in losing one's right to collect if | | | | the serious risk in losing one's right to collect if |
| enforcement proceedings are not pursued in a timely | | | | enforcement proceedings are not pursued in a timely |
| fashion. During the past five years California courts | | | | fashion. During the past five years California courts |
| have rendered numerous opinions holding the doctrine | | | | have rendered numerous opinions holding the doctrine |
| of laches applies to child and spousal support arrears | | | | of laches applies to child and spousal support arrears |
| and have precluded custodial parents from collecting | | | | and have precluded custodial parents from collecting |
| where they have waited too long. (See Marriage of | | | | where they have waited too long. (See Marriage of |
| Plescia (1997) 59 CA4th 252.) | | | | Plescia (1997) 59 CA4th 252.) |
| The doctrine of laches is an equitable defense that | | | | The doctrine of laches is an equitable defense that |
| allows parents who have not paid child support to | | | | allows parents who have not paid child support to |
| plead with the court to not enforce the arrears, since | | | | plead with the court to not enforce the arrears, since |
| the custodial parent's delay unfairly prejudiced them. | | | | the custodial parent's dely unfairly prejudiced them. |
| Thus, it is paramount that custodial parents enforce | | | | Thus, it is paramount that custodial parents enforce |
| their rights to collect in a timely fashion. It is advisable | | | | their rights to collect in a timely fashion. It is advisable |
| for custodial parents who are having difficulty collecting | | | | for custodial parents who are having difficulty collecting |
| child support to be proactive and to take legal action | | | | child support to be proactive and to take legal action |
| immediately. | | | | immediately. |