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Common Questions About Divorce

Orange County Child Support Attorney

The responsibility to provide child support in the form of regular payments typically arises during a divorce proceeding or when one parent has primary custodial care of the child. Either parent can be ordered to pay child support and the amount is dependent upon various factors, including how custody is arranged. In California, child support is set by state statute and is based on disposable income (including overtime and bonuses), the amount of time each parent spends with the child(ren), and educational and health care needs of the child.

A parent who is ordered to pay child support and fails to do so exposes him or herself to significant penalties. Some of these penalties include but are not limited to:

  • The suspension of professional or business licenses
  • The suspension of or permanent removal of privileges to operate a vehicle (driver’s license)
  • Automatic withdrawal of payments from bank accounts or wages
  • Jail time

Child Support Enforcement

Help From an Expert Orange County Child Support Attorney

In California, there are a number of remedies available to enforce child support orders. Some of the most common include: contempt motions, wage assignment motions, writs of execution, and the filing for a child support security account/electronic funds transfer. Contempt motions are typically quasi-criminal in nature and the burden of proof relies solely on the moving party. If an individual is found guilty of contempt for a child support order, he or she may have to pay a fine and is subjected to possible jail time. Under California Law, a wage assignment order is automatically required to be issued for all support matters unless agreements are reached otherwise. A wage assignment order requires the payer’s employer to directly pay the child support to the recipient. A wage assignment is an extremely powerful tool when the payer fails to make regular payments.

The filing for a Writ of Execution is also used when a payer fails to make regular child support payments. A Writ of Execution is used against a payer’s bank accounts in order to obtain past due child support and to seize assets so that they can be sold to satisfy court support obligations. Lastly, a motion for Child Support Security Account/Electronic Funds Transfer can also be filed when a payor fails to maintain child support payments. Courts may require that the payer deposit up to one year’s worth of child support payments to fund an interest-bearing trust account for the benefit of the supported child. Typically, Child Support Security Account/Electronic Funds Transfer actions are used when the payer is self-employed or frequently changes employment.

Orange County child support laws are complex and it is always best to consult with one of the more experienced Orange County child support attorneys to help protect your interests. For almost ten years, Orange County child support attorney Kayleene H. Writer has been helping clients enforce child support orders. As a leading Orange County child support lawyer, Kayleene H. Writer¬†can assess both parties’ financial and employment situations and formulate strategies so that the best possible child support order is awarded for her client. If child support arrangements cannot be agreed upon, she will zealously represent her clients’ interests in court. For more information on how Orange County child support lawyer Kayleene H. Writer can help you with your child support matter, contact us today for a free initial consultation.

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