How to Enforce Child Support Orders in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Enforce Child Support Orders in California

I’m Tim Blankenship with Divorce661. If you’re supposed to be receiving court-ordered child support in California and the other parent isn’t paying, you don’t have to struggle alone. In this article I’ll walk you through the legal tools available to enforce a child support order, explain the typical process, and share a real client example showing how enforcement can work quickly and effectively.

Why act when child support stops?

Child support is a legal obligation designed to provide for your child’s needs. When payments stop or become inconsistent, the unpaid amounts can pile up and even accrue interest. You have the right to ask the court to step in and use enforcement measures to collect what is owed.

“If there’s a court order for support and payments have stopped or are inconsistent, you have the right to take action.”

Common enforcement tools used in California

California courts and child support agencies have several powerful methods to collect unpaid support. These include:

  • Wage garnishment / wage assignment: The court can order the other parent’s employer to withhold child support directly from their paycheck and send it to the custodial parent or support agency.
  • Liens on property: Unpaid support can result in a lien against real property or other assets, which can prevent sales or refinancing until the debt is resolved.
  • License suspension: Driver’s licenses, professional licenses, and other licenses may be suspended for failure to pay child support.
  • Interest on unpaid amounts: Unpaid support often accrues interest until it’s paid in full, increasing the total amount owed.
  • Coordination with local child support agencies: Agencies have additional enforcement powers and resources that can help collect overdue payments.

How enforcement typically works: step-by-step

  1. Review your court order: Confirm the terms of the order—how much is due, payment schedule, and any arrears already recorded.
  2. File an enforcement request: Ask the court to enforce the order. This initiates the legal process and lets the court consider appropriate remedies.
  3. Court issues enforcement remedies: Depending on the situation, the court can order wage assignments, liens, license suspensions, or other measures.
  4. Implement and monitor collection: Once a wage assignment or other remedy is in place, payments should begin to arrive. Continue to track receipts and update the court or agency as needed.
  5. Follow up and escalate if necessary: If payments continue to lapse, you can request further court action or work with the child support agency for additional enforcement.

Real client example

We recently worked with a parent who hadn’t received support in over six months. We reviewed their court order and filed an enforcement request with the court. Within weeks, a wage assignment was issued and sent to the other parent’s employer. Payment resumed and the missed amounts began coming in on a regular basis.

“We helped them file an enforcement request, and within weeks, a wage assignment was issued to collect payments directly from the other parent’s employer.”

How I can help you

At Divorce661 I assist clients in several practical ways:

  • Reviewing the existing child support order and documenting missed payments.
  • Preparing and filing enforcement paperwork with the court.
  • Negotiating directly with the other parent when appropriate to reach a prompt resolution.
  • Coordinating with local child support agencies to pursue additional enforcement tools.
  • Explaining the likely timeline and what to expect once enforcement is initiated.

Quick tips and frequently asked questions

Is wage garnishment the most effective tool?

Wage garnishment (wage assignment) is often very effective because it secures regular, automatic payments directly from the employer. However, the right tool depends on the circumstances—assets, employment status, and the other parent’s history all matter.

What if the other parent is self-employed or unemployed?

Enforcement is still possible but may require different strategies, such as placing liens on property, garnishing business accounts, or working with the child support agency to locate income sources.

Does unpaid support accrue interest?

Yes. Unpaid child support generally accrues interest until the debt is satisfied, so it’s important to act promptly to reduce the total amount owed.

Conclusion and next steps

If you’re not receiving the child support your child is legally entitled to, you have options. Filing an enforcement request with the court can trigger wage garnishments, liens, license suspensions, and other remedies that compel payment. If you’d like help reviewing your order or preparing enforcement paperwork, visit divorce661.com and schedule a free consultation. I’ll help you take the right steps to protect your child and get the support that’s required.

 

How to Enforce Spousal Support Orders in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Enforce Spousal Support Orders in California

I’m Tim Blankenship with Divorce661. If you have a court-ordered spousal support (alimony) obligation in California and your ex isn’t paying, you have legal remedies. In this post I’ll walk you through the practical steps the court can take to make sure support is paid, explain your enforcement options, and share a real client example of how enforcement worked in practice.

Why enforcement matters

Spousal support orders carry legal weight. They aren’t just suggestions — they’re enforceable judgments. When payments stop, you don’t have to accept it or try to handle collection on your own. California law gives you several tools to collect past-due support and ensure ongoing payments.

Common enforcement tools the court can use

  • Wage garnishment (wage assignment): The court can issue an order directing the payer’s employer to withhold a portion of wages and send it directly to you.
  • Interest on arrears: Courts can order interest to be charged on unpaid support amounts, which discourages nonpayment and compensates for delays.
  • Contempt of court: If a payer wilfully refuses to obey a support order, the court can hold them in contempt. Contempt can result in fines or jail in extreme cases, and it often motivates compliance.
  • Coordination with enforcement agencies: If child support enforcement is involved, the Department of Child Support Services (DCSS) can sometimes assist with spousal support enforcement, depending on the situation.

Step-by-step: What to do if you’re not receiving support

  1. Document missed payments. Keep copies of the court order and a clear record of missed or late payments (bank statements, canceled checks, emails, or texts).
  2. Prepare enforcement paperwork. File a request to enforce the order with the family court that issued the support order. The exact form and process can vary, so check local court rules or get help preparing the documents.
  3. Request specific relief. Ask the court for a wage assignment, interest on arrears, and any other appropriate remedies. If you believe the nonpayment is intentional, request a contempt hearing.
  4. Attend the hearing. Bring your documentation and be prepared to explain the payment history to the judge. The court will review the evidence and decide which enforcement measures to issue.
  5. Follow up on orders. If the court orders wage garnishment or other remedies, make sure those orders are served on employers or agencies so payments start flowing.

Real client story

We recently helped a client whose ex stopped paying support after losing a job. The client thought there wasn’t much they could do. We filed the enforcement paperwork with the court, and after review the court issued a wage assignment through the ex’s new employer. As a result, payments resumed automatically. This is a great example of how enforcement can be fast and effective when you follow the right steps.

When to consider contempt

Contempt is a powerful remedy but best used when the non-paying spouse is intentionally refusing to comply. If the payer claims inability to pay (for example, job loss), the court will look at whether the claim is legitimate. Courts are typically more willing to order wage garnishments or other remedies when the payer has the ability to pay but chooses not to.

How Divorce661 can help

  • We prepare and file enforcement paperwork correctly so your request is clear and persuasive to the court.
  • We can request wage assignments and coordinate service on employers to restart automatic payments.
  • If child support services are involved, we can help coordinate efforts with the Department of Child Support Services.
  • We offer flat-fee divorce and spousal support services and provide straightforward guidance through the enforcement process.

Next steps

If you have a spousal support order and payments have stopped, don’t wait. Gather your documentation (court order and records of missed payments) and take action to have the court enforce the order.

For a free consultation about enforcing your spousal support order, visit Divorce661.com or schedule a free phone consultation at Divorce661.com/divorce661-consultation/. We’ll review your situation and help you take the right steps to collect what you’re legally owed.

Final thoughts

Enforcement options like wage garnishment, interest on arrears, and contempt are designed to make support orders effective. Courts can and do take nonpayment seriously — and with the right documentation and strategy, you can get support payments back on track.

“If support is court-ordered and not being paid, you can file a request to enforce the order. The court can step in by issuing a wage garnishment, charging interest on unpaid amounts, or even holding the non-paying spouse in contempt.”

 

How to Enforce a Spousal Support Order If Your Ex Stops Paying | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Enforce a Spousal Support Order If Your Ex Stops Paying

If you’ve been awarded spousal support in your divorce and your ex suddenly stops paying, it can feel overwhelming and frustrating. But here’s the encouraging truth: you’re not stuck. In California, spousal support orders are legally binding court orders, and if your ex isn’t paying, they are violating that order. That means you have clear legal options to enforce the support and get back what you’re owed.

Understanding Your Legal Rights to Spousal Support Enforcement

Once a spousal support order is included in your divorce judgment, it’s no longer just an agreement—it’s a court order. If your ex stops paying, they’re breaking the law, and the court can step in to make sure payments resume. This legal backing is your strongest tool for enforcement.

But what can you actually do to enforce the order? The first step is to file a Request for Order with the court. This is a formal way to notify the judge that your ex is behind on payments and to ask the court to take action. The court can order back payments, add interest on the unpaid amounts, and even implement wage garnishment to ensure payments come directly out of your ex’s paycheck.

Filing a Request for Order: Your First Move

Filing a Request for Order is a straightforward but crucial step. It officially informs the court about the missed payments and gives you the chance to ask for remedies that can include:

  • Back payments owed to you
  • Interest on the unpaid amount
  • Wage garnishment to deduct payments right from your ex’s paycheck

This motion must be supported by clear documentation showing missed payments and the amount owed. Having a well-prepared case backed by financial records makes it easier for the judge to understand the situation and take action quickly.

A Real Client Story: Enforcement Success

Let me share a real example from our experience at Divorce661. We had a client whose ex hadn’t paid spousal support for over a year. We filed an enforcement motion with the court, presenting thorough documentation of the missed payments. The court responded by ordering wage garnishment and adding interest to the unpaid amount. Payments resumed immediately, giving our client the financial relief she needed.

This case shows how effective enforcement can be when you take the right legal steps and have strong documentation to support your claim.

What Happens After You File the Request

After you file the Request for Order, the court schedules a hearing where both parties can present their side. At this hearing, the judge reviews the evidence and decides what enforcement actions to take. The court’s powers include:

  • Ordering wage garnishment
  • Requiring your ex to pay back support with interest
  • Holding your ex in contempt of court if they willfully disobey the support order

Contempt of court is a serious step and may result in fines or even jail time, but it’s usually reserved for extreme cases where the non-payment is intentional and ongoing.

How We Help at Divorce661

At Divorce661, we handle the entire enforcement process for you, from start to finish. We prepare and file the motion, collect and organize all the necessary financial records, and make sure your request is clear and well-supported. You don’t need to hire an attorney to get started—we offer flat-fee pricing and full-service assistance to make this process as smooth as possible.

Our goal is to make sure your spousal support order is enforced properly and that you receive the payments you are legally entitled to without unnecessary stress or delay.

Why Wage Garnishment Works

Wage garnishment is one of the most effective enforcement tools available. Once the court orders wage garnishment, your ex’s employer is legally required to deduct the owed support directly from their paycheck and send it to you. This method ensures timely payments and removes the possibility of your ex skipping or delaying payments.

The court can also tack on interest to back payments, which means your ex will owe more than just the missed amounts. Interest accrues to encourage timely compliance and compensate you for the delay.

When Contempt of Court Applies

If your ex blatantly refuses to comply with the court order after enforcement actions, the court may hold them in contempt. This is a serious legal sanction that can lead to fines or jail time. Contempt proceedings require proving that your ex knowingly disobeyed the court’s order.

While contempt is a powerful tool, courts usually see it as a last resort. The goal is to get payments flowing again, not to punish unnecessarily. But knowing this option exists can motivate your ex to comply.

Steps to Take if Your Ex Stops Paying Spousal Support

If you find yourself in this situation, here’s a clear path to follow:

  1. Gather Documentation: Collect proof of the spousal support order and records showing missed payments.
  2. File a Request for Order: Submit this to the court to formally notify them of non-payment.
  3. Prepare for the Hearing: Organize your evidence, including financial records and any communication with your ex.
  4. Attend the Court Hearing: Present your case or have a representative do so on your behalf.
  5. Follow Up on Court Orders: Ensure wage garnishment or other enforcement measures are implemented.

If you need help at any step, professional assistance can make a huge difference in ensuring success.

Don’t Wait to Take Action

Missing spousal support payments can create real financial hardship. The longer you wait, the more money you may lose. Fortunately, the law gives you the tools to enforce your rights and recover what you’re owed.

Remember, you don’t have to go through this alone. Whether you want to handle it yourself or get help, the important thing is to act promptly and follow the legal process.

Ready to Enforce Your Spousal Support Order?

If your ex has stopped paying spousal support and you’re ready to take legal action, visit Divorce661.com for a free consultation. We’ll guide you through every step, from filing the motion to making sure the court enforces the order properly.

Don’t let missed payments drag on. Take control of your financial future and get the support you deserve.

How to Handle Child Support When Your Ex Won’t Pay | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Handle Child Support When Your Ex Won’t Pay

Child support is not just a suggestion; it’s a legal obligation that ensures the financial needs of your child are met. Unfortunately, some parents fail to meet this obligation, leaving the other parent in a difficult situation. If you find yourself in this predicament, you have legal avenues to explore that can help you recover unpaid child support and enforce the court order. Let’s dive into how child support enforcement works, the steps you can take, and a real-life example of someone who successfully navigated this process.

Understanding Child Support Enforcement

Child support is a legal mandate designed to ensure that both parents contribute to the financial wellbeing of their child. When one parent fails to make payments, it can lead to severe consequences. Enforcement mechanisms exist to ensure compliance, including wage garnishment, bank levies, and even potential jail time for the non-compliant parent.

Why Child Support is Non-Negotiable

Ignoring child support responsibilities can have significant repercussions not just for the custodial parent, but for the child as well. The law recognizes that both parents have a duty to support their children financially. This duty is enforced through various legal channels to ensure that children receive the support they need, regardless of the parents’ relationship.

What to Do If Your Ex Claims Financial Hardship

It’s not uncommon for a non-custodial parent to claim financial hardship to avoid making child support payments. However, there are legal avenues available to challenge these claims. You should not accept these excuses at face value; instead, you can take steps to ensure that your child’s needs remain a priority.

Navigating False Hardship Claims

False claims of hardship can be frustrating, but you can navigate the legal system to counter these excuses. Gathering documentation and evidence of your ex’s financial situation can be crucial. Courts take these matters seriously, and having a solid case can lead to the enforcement of the original child support order.

Requesting Wage Garnishment

One effective way to ensure timely child support payments is through wage garnishment. This legal process allows you to have the owed child support deducted directly from your ex’s paycheck. It’s a straightforward method to ensure you receive the money owed to you without having to chase after it.

Steps to File for Wage Garnishment

  1. File a motion with the court requesting wage garnishment.
  2. Provide evidence of missed payments and the necessity of enforcement.
  3. Once the court approves, the employer will be ordered to withhold a portion of your ex’s wages.

Intercepting Tax Refunds

Another method to recover unpaid child support is by intercepting tax refunds. If your ex is due a tax refund, you can request that the court intercept those funds to cover missed payments. This can be particularly effective if your ex is persistently avoiding their obligations.

Filing an Enforcement Motion

If your ex continues to evade child support payments, filing an enforcement motion is a necessary step. This legal action holds your ex accountable and can lead to various enforcement measures, including wage garnishment and more.

Steps to File an Enforcement Motion

  1. Gather all documentation regarding unpaid child support.
  2. File the enforcement motion with the court.
  3. Attend the court hearing to present your case.

Real Client Story: Success Through Legal Action

Let’s consider a real client story to illustrate how effective legal action can be. A client faced months of missed child support payments from their ex, who thought they could avoid consequences. After filing for wage garnishment, the court ordered their employer to deduct the owed payments directly from their paycheck. This ensured that the custodial parent received consistent support each month.

Why Choose Divorce661?

At Divorce661, we specialize in helping parents enforce child support and recover unpaid amounts. Here’s why you should consider working with us:

  • Flat-Fee Divorce Services: We offer affordable solutions without the burden of expensive lawyers.
  • 100% Remote Services: Handle everything from the comfort of your home.
  • Dedicated Support: We ensure your child receives the financial support they deserve.

Conclusion: Take Action to Secure Your Child’s Future

Child support is a critical aspect of ensuring your child’s needs are met. If your ex is refusing to pay, remember that you have legal options. From wage garnishment to intercepting tax refunds, you can take action to enforce child support payments. Don’t hesitate to reach out for a free consultation to explore your options and secure your child’s financial future.

Join the Discussion

Should courts impose stricter penalties for unpaid child support? Let’s discuss in the comments below!

For more information or to schedule a free consultation, visit Divorce661.com.