Child Support Enforcement In San Jose: How To Get The Total Amount You And Your Child Are Owed

As parents, a primary obligation is to provide for children. In addition to offering love, nurturing, and guidance as they grow over the years, financial support plays a vital role in their well-being as well. If you are divorced or single and your child’s other parent is not meeting their financial obligations, our San Jose child support lawyer explains how to get the total amount you are owed.

To Protect Yourself and Your Child, Get A San Jose Child Support Order

Going through a divorce or breakup is never easy. It is particularly difficult when children are involved. In an effort to reach agreements with the other parent and keep them in your child’s life, you may be tempted to negotiate child support on your own. This is generally a bad idea.

Not getting court-ordered child support is likely to prevent you from getting the total amount you are owed. Under the California Family Code, there are a variety of factors the court considers child support amounts in San Jose. These include:

• Each parent’s income and deductions;
• Their earning ability;
• The amount of responsibility they have in raising the child;
• Any special needs the child has.

Getting a child support order in Santa Clara County helps ensure you get the maximum amount needed to cover your child’s food, clothing, housing, education, and other costs. It also protects your rights in ensuring payments are made.

Enforcing A San Jose Child Support Order

Child support is generally addressed as part of Santa Clara County divorce proceedings. If you are a single parent, you may need to prove parentage through the family court first. In either type of proceeding, you have the option to obtain an Income Withholding Order. This authorizes the other parent’s employer to take child support payments directly out of their paycheck. These are sent to the State Disbursement Unit, who then issues the money to you.

If wage garnishment is not something you are ready to pursue, you can still get an Income Withholding Order and place it on hold, which can be activated if needed. Other enforcement efforts you can take once you have a child support order in San Jose include:

• Seizure of money they have in bank accounts;
• Seizure of federal tax returns or government benefits;
• Liens on personal property, such as homes or cars, requiring that you be paid before the property can be sold.

Child support payments accrue interest. If the other parent continues to refuse to pay, they could be subject to fines, suspension of their driver’s or professional license, and a potential jail sentence.

Request A Consultation With Our San Jose Child Support Lawyer Today

Child support plays an important role in providing for your children. To get the total amount you are entitled to, reach out to Argyris Mah, LLP.  Call or contact us online and request a consultation with our San Jose child support lawyer today.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=4053

courts.ca.gov/documents/fl195.pdf

childsupport.ca.gov/state-disbursement-unit/#:~:text=Existing%20login%20will%20remain%20effective,%2D866%2D901%2D3212.