Child Support Orders: How Wage Garnishment Works
For this post, we’re looking at how child support orders are enforced by the courts once the ruling has been handed down. This topic often puzzles many parents, especially newly-divorced individuals, so we decided to lay out this brief but helpful overview. Remember that for further discussion, you can always reach out to the experienced attorneys at Rubin & Levavi, P. C.
For Most, Wage Garnishment is an Automatic Process
In California, wage garnishment isn’t just for when a parent fails to make his/her required child support payments. Once a court has handed down a child support order, the party responsible for making payments will soon have his or her wages automatically garnished via a wage assignment. This assignment is issued out to the employer of the responsible party, outlining the amount that needs to be taken out and routed towards the child support payment.
When the local child support agency is not part of the equation, parents can agree to work the child support payments out by themselves and request that the wage assignment is “stayed.” If a case is open with an agency however, the agency generally keeps wage assignments open in order to keep tabs on the payments. Formal requests for a stay can be submitted to a local child support agency, but there is no guarantee that they will grant the request.
Consequences of Failing to Pay Child Support
This doesn’t always stop people from trying to shirk their child support obligations, and when the courts get wind of this, neglectful parents can expect to face serious consequences. He or she can be found to be in contempt of court, which translates to steep fees, potential jail times, and more. Typically, this enforcement only comes into play when all other routes of attempting to collect payment have been exhausted.
This is just a general overview of how wage garnishment and child support orders are enforced in California. Want to learn more, or are you looking to speak with a qualified divorce attorney? If so, look no further than Rubin & Levavi, P. C.
Call us today to learn more about how we can help with divorce, child custody/visitation, and any other matters relating to family law in CA.