Legal Question in Family Law in California
how do i collect child support with an existing court order
i have a court order stating an amount of child support due to me by my children's father. he has always paid it when he felt like it and now he hasn't paid it in 3 months and then to top it off...he informs me that he is going to quit his job. how can i collect the back child support and make him pay. the courts will not help me. they said i have to research this on my own. my past attorney instructed me to go to the courts for assistance if he doesn't pay his support. i'm lost and i don't know what i can do. can i hold back visitation if i wanted to or not give him all of the holidays/vacations that was awarded to him in our order? please help!
3 Answers from Attorneys
Re: how do i collect child support with an existing court order
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The courts agree with the old saying "two wrongs don't make a right." Do not withhold visitation. Instead go see the Department of Child Support Services in your county (formerly the District Attorney's Family Support Unit). The people there will help you enforce your child support judgment in the proper manner.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: how do i collect child support with an existing court order
Holding back visitation is not the answer. Have you contacted the district attorney child support enforcement bureau? They can suspend his drivers license and intercept his tax refund.
Good luck to you!
Brian Levy, Esq.
Law Offices of Brian Don Levy
Re: how do i collect child support with an existing court order
Unfortunately, you cannot withhold visitation due to unpaid child support. You can check with the local District Attorney's office to see what they can do, and there are also private collection agencies that can help.