| HOW
IS A CHILD SUPPORT ORDER ENFORCED?
When
a parent fails to comply with court ordered support payments,
the Department of Child Support Services will take action
to collect support. The action taken may be civil or criminal
and may include one or more of the following:
Wage and/or Health Insurance Assignment - A wage assignment
is an order sent to the non-custodial parent's employer requiring
the child support obligation be deducted from his/her paycheck
and sent directly to the State of California Department of
Child Support Services State Disbursement Unit (SDU). Wage
and Health Assignments are mandatory and are ordered on all
child support cases regardless of payment history. All earnings
including Workers' Compensation Benefits, employment wages,
Social Security Benefits, vacation pay, revolving funds and
contractual earnings are subject to wage assignments.
Liens
- A lien is recorded against the non-custodial parent's name
in the California county where she/he resides and any other
California county where she/he may own property including
his/her parent's county of residence. Liens are required by
law.
Intercept Programs - If the non-custodial parent is
in arrears in his/her payments, she/he will be submitted for
intercept of income tax refunds, lottery winnings, unemployment,
and disability programs. If the money intercepted is more
than the amount owed, the non-custodial parent must mail a
copy of the intercept notice to the Department of Child Support
Services. We will investigate and notify him or her of our
findings.
State
law requires the lottery winnings of $100 or more be intercepted
to collect past due support. If the amount intercepted is
more than is owed, a refund will be issued after the money
is received by the Department of Child Support Services from
the State Lottery Commission.
Up
to 25% of weekly benefits from State Unemployment or State
Disability may be automatically intercepted. A non-custodial
parent who objects must file an appeal with his or her local
Employment Development Department.
Credit Reporting - State law requires that all payment
history information be reported to credit reporting agencies.
If the account is current, it will be reported favorably to
the agencies.
Business,
Professional, and Driver's Licensing - State law requires
the denial of permanent business and professional licenses
as well as driver's licenses for failure to pay support. To
request reinstatement, the non-custodial parent must complete
a Request for Review form and send it to the Department of
Child Support Services. The Request for Review form was provided
with the notification from the State Licensing Board.
Other methods we may use to enforce a child support order
include:
- Writ
of Attachment
- Garnishment
against personal property
- Contempt
of Court
- Reciprocal
Action with Other States
- Criminal
Complaint for Failure to Provide
- Franchise
Tax Administrative Collection Process
Other Debts of the Non-Custodial Parent
Overwhelming
bills and a limited income are often a problem and do make
enforcement difficult. However, court-ordered child support
payments are a right of the child. Under the law, the obligation
to support the child is considered more important than other
debts owed. Once the non-custodial parent has been contacted,
support payments should be taken care of before other bills
are paid.
The
Non-Custodial Parent Lives Out of State
California
has reciprocal child support agreements with other states
and a number of other countries. In some cases, we must rely
completely on the courts of the other state or country. If
this is the situation, response time may be slow. The minimum
time frame for out-of-state processing is 90 days. The other
state or country may have to contact the non-custodial parent
personally and may have problems and delays in doing so.
In
some circumstances, a wage assignment order may be served
on the non-custodial parent's employer in another state or
country. We will take this action if it is possible to do
so.
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