San Jose Child Support Enforcement Lawyer
When a couple divorces or splits up and there are children involved, one parent typically pays child support to the other. There is no way around this. If one parent has primary custody, then the other parent is required to pay child support.
Child support can be a contentious issue though. While child support is required through a court order, not all parents pay it for some reason or other.
If you are struggling to pay child support or are trying to get child support from the other parent, a San Jose child support enforcement lawyer from Argyris Mah, LLP can help you understand your legal rights and work toward a resolution.
Enforcing a Child Support Order
The right to collect child support and the obligation to pay child support are both established through court order. If your child’s other parent refuses to pay the child support they owe, you have options. With the help of a family law attorney, you can seek an order from the family court enforcing the child support order. If the parent still fails to pay, you can seek a motion for contempt of court. The court will hold someone in contempt of court when they have willfully disobeyed a court order. Contempt of court can come with civil or even criminal penalties. The court can force the parent to go to jail, although this is not the usual course of action.
Penalties for Failure to Pay Child Support
In addition to contempt of court, a parent who fails to pay child support may face the following penalties:
- Wage garnishment. The court can order the non-paying parent’s employer to withhold a portion of their wages to cover the child support payments.
- Seizure of assets. If the non-paying parent has assets such as bank accounts or property, these assets may be seized to fulfill the child support obligation.
- Driver’s license suspension. In some cases, the court may suspend the driver’s license of a parent who fails to pay child support.
- Interception of tax refunds. Tax refunds may be intercepted to cover past-due child support payments.
- Professional license suspension. In some professions, failure to pay child support can result in the suspension or revocation of professional licenses, such as those for attorneys, doctors, or real estate agents.
- Passport restrictions. The court may restrict a non-paying parent’s ability to obtain or renew a passport if they are significantly behind on child support payments.
- Civil penalties. In addition to court-ordered penalties, the non-paying parent may be liable for civil penalties, such as interest on overdue payments or reimbursement of the custodial parent’s legal fees.
Reach Out to Our San Jose Child Support Enforcement Lawyers for Assistance
Child support is a necessity for children. Whether you are seeking it or are having trouble paying for it, we can help.
A San Jose child support enforcement lawyer from Argyris Mah, LLP can help ensure your child’s financial needs are met. We’ll help you work things out with the other parent. Get started with a consultation. Fill out the online form or call (408) 214-6366.
