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