Child Support Enforcement Methods
Collecting child support can be a difficult and emotional process. In addition to available community resources such as the Department of Child Support Services, Bickford Blado & Botros has a team of skillful attorneys who can help you collect current or past due child support.
At the outset of your case we will meet with you to discuss any current child support orders and the various methods available to enforce those court orders.
Intercepts: Funds available to the obligor (non-paying parent) may be intercepted and used to pay the obligee (owed parent) past due child support. Past due child support is also known as arrears in San Diego family court. These funds include but are not limited to: state and federal income tax refunds, unemployment payments, state disability insurance, social security payments, worker’s compensation awards, and California State Lottery winnings.
Liens: Once a court establishes a child support order, an Abstract of Support Judgment is recorded. The Abstract is a legal document that functions as a lien in the county where it is recorded if the obligor owns property in that county. Once the Abstract is recorded, the obligee has an interest in the obligor’s property as a means to collect child support arrears.
Credit Report: The obligor’s failure to pay child support can have adverse consequences to his or her credit report. As a deterrent, the Department of Child Support Services will inform major credit-reporting agencies of the obligor’s failure to pay.
Passport: In addition to reporting past due child support to major credit-reporting agencies, arrears are also reported to the U.S. State Department. In an effort to encourage the obligor to satisfy his or her child support obligations, the U.S. State Department may deny the obligor’s passport request or renewal.
Contempt: Because the obligor has a legal duty to pay child support, failure to pay may result in contempt if the court determines that the obligor has the ability to pay his or her obligation and refuses to do so.
License: Past due child support may result in the revocation of the obligor’s license. Professional, drivers and recreational licenses may all be revoked to encourage the obligor to meet his or her obligation.
Bankruptcy: Due to strong public policy concerns, past due child support is a non-dischargeable obligation. Therefore, if the obligor files for bankruptcy, he or she will be unable to discharge his or her child support debt.
If you and the other parent can agree to a child support amount, our experienced attorneys can help you prepare for the mediation and negotiation process. If negotiations with the other parent fail, our team is prepared to litigate your child support case.
If you wish to schedule a consultation with Nancy J. Bickford, call us at (858) 793-8884.