Legal Question in Family Law in California
Child Support - recently attended a modification which altered the custodial partiy to pay the non custodial party. As the custodial party do I have to pay the non custodial party? Can the non custodial send me to collections if I choose to just not pay?
1 Answer from Attorneys
Your question is not very clear, but from what I can gather it seems that you are the primary custodial parent, not the sole custodial parent, or if you have sole physical custody, the other parent has visitation time. As long as both parents have some custodial time, whether it is called joint custody or sole custody with visitation, it is completely possible for the primary custodial parent to wind up paying the "non" custodial parent. The statutory formula determines that a certain portion of your income is owed to support your child. The formula then presumes you spend that portion when the child is with you, and that you owe that portion during the time the child is not. So if the formula determines you should spend $400/mo supporting your child and you have 75% custodial time, you are presumed to spend $300 while the child is with you and owe $100 when the child is not. Now if you both maket he same income, then the other spouse would be presumed to spend $100 and owe $300, so you would get a net payment of $200. But if the other parent's income is such that they are deemed to owe $100/mo. total, then they would be deemed to spend $25, and owe $75, which would mean that even though you have primary custody you would still owe a $25/mo child support payment to the "non-custodial" parent.
As for collection if you choose not to pay, it's a LOT uglier than regular collections. It gets turned over to the Department of Child Support Services. First thing they do is get a wage assignment order that requires your employer to sent them the payment out of your check. If you work for yourself or they otherwise can't get the payment out of wages, they can seize your tax refunds, suspend any professional licenses such as real estate, or medical, or any other state license, they can suspend your drivers license, put a hold on your passport, freeze your brokerage accounts and the list goes on.