If someone has been failing to make support payments, either child support or spousal support, it puts a financial strain on the recipient of the support. Missing a payment because of extenuating circumstances is understandable. However, if payments are deliberately left unpaid, this can cause trouble for the spouse ordered to make the payments. If the payments go beyond an excessive amount, will the recipient be able to get all of the lost income?Obtaining Money OwedChild support payments are not taken lightly in any state, and California has set out to diminish unpaid cases. If a non-custodial parent is unable to make payments due to unforeseen circumstances, communication with the court to modify support payments is essential. Until there has been a court-ordered change in the arrangement, each payment is due, in full, by the deadline. Once the amount is late, interest will start to accrue. All previous payments are still required, even as a lump sum come tax time.Avoiding Missed PaymentsCalifornia has implemented several approaches to ensure support payments. One of the most effective methods is through wage garnishment. In conjunction with court-ordered child support, a wage assignment is administered. However, there are other routes to establish support payments that do not automatically include this benefit. If the non-compliant parent is shown to be capable of making the required deposits and is refusing to do so, there are serious punishments, including:Jail time,Community service,Additional fines,Property sales,Garnishment from bank accounts, andOrder payment using benefit income such as social security or pension plans.If you are the parent having a difficult time making a child support payment, you may be wondering what you can do to help yourself get out of the financial hole. If you are the custodial parent and suffer due to a non-custodial parent's refusal to pay, you may be wondering what can be done on your part to get the money you need to support your child. In either situation, it is advisable to speak with a knowledgeable and proven legal professional. Someone with years of experience can assist in resolving the situation, saving a lot of time, money and heartache on both sides.If you would like to explore your options with an accomplished San Jose, CA family law attorney, contact The Law Offices of Steven E. Springer today at one of our three offices in Morgan Hill, San Jose, and Fremont. Call us to schedule your free initial 20-minute consultation at 408-779-4700 or 510-791-7137. Sources:http://www.courts.ca.gov/1197.htmhttp://www.childsup.ca.gov/payments/overduepayments.aspx
