Recovering Child Support Payments
By Henry F. Lewis on June 10, 2019
During a divorce, the best interests of a child need to be taken into account. If one parent can provide a better quality of life, they are likely to receive custody of their child. Family law attorneys Michael A. Gardner and Henry F. Lewis have helped countless Oakland, CA parents with child custody disputes during divorce proceedings, ensuring that a child winds up in a loving and supportive household.
In addition to child custody matters, the law firm of Gardner & Lewis, LLP has also aided clients with disputes over child support agreements and collecting late payments. If you are owed child support from a deadbeat parent, our law firm can help.
The Child Support Enforcement Act of 1984
Child support is intended to pay for the upbringing and financial needs of a child. To help collect delinquent payments from a former spouse, Congress passed the Child Support Enforcement Act of 1984. This law granted district attorneys and state attorneys general to collect back child support on the behalf of custodial parents. Failure for a parent to respond to these requests results in penalties, including jail time.
Penalties for Delinquent Child Support Payments
Through the Child Support Enforcement Act of 1984, back payment for child support may be taken from various forms of income from the delinquent parent. Examples of this include:
- Garnishing the delinquent parent’s wages
- Issuing liens against the delinquent parent’s property
- Reporting the delinquent parent to credit bureaus
- Freezing the delinquent parent’s bank accounts
Jail time is usually a last resort penalty since it is not possible to collect child support payments while a delinquent parent is in jail. When seeking unpaid child support, our Oakland law firm will work to ensure you receive as much of what you are owed as possible.
Child Support Recovery: Dealing with Deadbeat Parents
If your former spouse has missed child support payments, it’s important to consider child support recovery. The financial burdens of raising a child should not have to fall solely on your shoulders, especially if your former spouse agreed to make child support payments.
This process will involve getting a family law judge to issue a judgement for unpaid child support. From there, a child support enforcement agency may be used to make sure that retroactive child support is received.
What Custodial Parents Must Present
Generally, custodial parents will need to present the following to a judge to prove that they are owed child support:
- Proof that the non-custodial parent has missed child support payments
- Evidence that the custodial parent attempted to collect child support payments from the non-custodial parent
How Child Support Attorneys Can Help
Child support recovery can be complicated. Having an attorney on your side can help make this process easier to understand and less stressful on your part. Our Oakland child support lawyers will make sure that your former spouse is held accountable, and they all actions are taken with your child’s best interests in mind.
Speak with Skilled Divorce Lawyers
For more information about child support issues and other matters related to the best interests of your children, be sure to contact our team of divorce and family law attorneys. You can reach Gardner & Lewis, LLP by phone at (510) 451-4822.
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“The needs of your family are always at the forefront of our legal services. Whether through litigation or mediation, we believe that reaching a fair, efficient solution with minimal negative impact to your family is of the utmost importance.” Henry F. Lewis