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California Law Child Support

How Does the Child Support Enforcement Process Work in California?

wpadmin July 20, 2017

child supportWhen couples go through divorce, sometimes it is very easy to work through child support issues and concerns. A spouse may be more than willing to pay and it is simple for you both to come up with an agreement that works for you. Other times, the court has to handle these issues because a spouse is not in agreement and doesn’t want to support their children. When your ex refuses to pay child support, then typically they must be ordered to do so by the court through enforcement.

To go through with the enforcement process, you of course must first have a court-ordered support order in place. Just an oral agreement on its own will not be withheld through court, so it is important to have your agreement put in writing and approved by a judge. Afterwards, you can go through with enforcement, which consists of several different options.

Options of Enforcement in California 

Motion for Contempt: One of the most common ways to receive child support is to file something known as a motion for contempt. In California court, a motion for “contempt” shows the judge that someone has disobeyed the court order and must pay past due amounts. You, the plaintiff, must file a motion for contempt, which is a legal written request, with the help of your attorney. There is no statute of limitations in California for these cases, and you have three years from the date of due payment to file a contempt action.

Court Orders: The court is also able to hold a hearing and enlist many more orders to help you receive child support payment. For instance, they can choose to fine a delinquent parent and sentence them to jail time, sentence them to community service, order them to pay attorney fees for the other parent, or their wages could be withheld. There are many more options, but you must speak to your attorney about what would work best for you. If a parent is not paying child support, they are in contempt of their order. It is important to act quickly to receive the results you wish for as soon as possible.

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Adrianne Fernandez 3/11/2021

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Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

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This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

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Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.
 
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