Practice Area
Orange County Child Support Enforcement Lawyers
Child Support Enforcement
The enforcement actions that used to be taken by the county district attorney are now handled by the Department of Child Support Services (DCSS). These enforcement actions refer to action on the part of the county to collect child support payment. The county is increasingly and aggressively going after those who owe child support. Based on its success in collecting child support that is owed, DCSS receives money from the federal government.
If you have been contacted by the DCSS for child support money that is owed, it is very important that you contact a reputed California child support attorney to look at DCSS’ information to see if they have made a mistake by contacting you for something you don’t owe. Because they are so aggressive, DCSS tends to make errors. There could be some problem with the data they have because of which they may be going after the wrong person. So if you believe you don’t owe child support and have been approached by DCSS, please call Wallin & Klarich to find out how we can help you straighten things out. In addition, DCSS initially goes by information they receive from the party requesting the change, and that party could have misrepresented your income and timeshare with your children to the DCSS agent, therefore inaccurately increasing the child support obligation.
Our experienced Southern California child support attorneys will file motions on your behalf so you can look at DCSS’ information to make sure it is accurate. We will ensure that you don’t have to pay child support that you don’t owe. There are many ways by which DCSS carry out their enforcement:
- Mandatory wage withholding: The Family Support act of 1988 mandates that child support payments be withheld from the paycheck of the parent who owes the money to the custodial parent.
- Health insurance coverage assignment: This is basically a court order that requires the parent who owes child support to include the child or children in his or her health insurance plan. The cost of the insurance will be deducted from the noncustodial parent’s paycheck.
- Property lien: All personal property and real property owned by the parent are fair game including bank accounts, equipment and interest earned.
- DMV: DCSS can also have your state driver’s license revoked if you owe support, and will only release the hold once you establish a payment plan with DCSS.
You need an aggressive and knowledgeable California family law attorney who has a deep understanding of the system on your side because DCSS has the power to do a lot to collect unpaid support. They can garnish your wages, suspend your driver’s license or other professional licenses that you count on to make a living. They can levy your bank account or even take steps to prevent you from getting your passport. Don’t let this happen to you! Call Wallin & Klarich today to discuss your case and let us help you set things right.
At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.
Child Support Collection – What Can the State Do to Enforce Collection of the Child Support Order?
If you owe child support, the state can directly access your assets to satisfy the child support order. The following are several ways they may access your property to satisfy arrearage:
- Taking money directly out of your pay check via a wage assignment
- Intercepting tax refunds, lottery winnings, social security proceeds, worker’s compensation awards, unemployment, and disability insurance. This means that the child support owed will be deducted from the total owed to you from these other proceeds
- Ordering a lien on any property owned in the county
- Freezing and seizing funds from your bank accounts.
In addition, there are certain penalties and other consequences for failing to pay child support arrearage. This includes:
- A penalty assessment from 6% to 72% of the arrearage amount
- Interest at 10% of the arrearage amount per annum
- Suspension of driver’s license or professional state license
- The federal government may refuse to issue or renew your passport
- Negative impact on your credit score
- Fines and jail time.
Thus, it’s in your best interest to address the arrearage issue as soon as possible and to prevent or mitigate the collection process and associated penalties.
If you or someone you know has an issue with child support, you will need an experienced Southern California child support lawyer to help you through this difficult matter. At Wallin & Klarich, we have helped people with child support for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Child Support Collection – What Do I Do If the Other Parent Owes Me Child Support?
The main method of enforcing child support is the Local Child Support Agency. However, if a court has not yet determined that you are owed child support, and the other parent is contesting his or her obligation to pay child support, you will need a lawyer to help you through this process.
If you wish for primary or sole physical and legal custody, and the other parent contests this, you will definitely want a Southern California child custody lawyer to fight for you in court. Your child’s interests are of the utmost importance, so it’s essential that you have a trained legal professional at your side to help you with your case.
Often, the other parent may contest paternity, or may request joint or sole physical and legal custody. If the other parent is not the biological father, then he or she has no obligation to support the child, and you will need to find the biological father so he can assume his legal obligation. If the other parent requests joint physical and legal custody and gets it, a court will likely not order child support because you are more or less splitting the cost of raising the child. If the other parent requests sole legal and physical custody and gets it, then YOU will owe child support. Your case will be a lot easier if you have a family law attorney on your side guiding you through this process.
If you or someone you know has an issue with child support, you will need an experienced Southern California child support lawyer to help you through this difficult matter. At Wallin & Klarich, we have helped people with child support for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Child Support Collection Process – FAQs
1. If I owe child support arrearage, is my passport automatically revoked?
No, if you have a current valid passport, it will not be revoked. However, the next time you must renew your passport, any arrearage amount will likely prevent you from renewing your passport. Also, if you currently do not have a passport and wish to apply for one, any arrearage amount will likewise prevent the federal government from issuing you your passport.
2. I am a professional with a state license, but my license may be suspended if I don’t pay my arrearage amount. I need my job to pay my arrearage. What should I do?
Contact a Southern California family law attorney. An attorney can ensure that your professional license or driver’s licence will not be revoked (or will be reinstated) if you can show that the license is necessary to pay the arrearage. However, recreational licenses not necessary to satisfy child support obligation (such as a gun license, hunting or fishing license, etc) will likely remain suspended.
3. Can I go to jail for not paying child support?
You cannot go to jail just because you have an arrearage amount. However, if the court finds you in contempt for failing to pay child support, or if you are charged under PC section 270 for willful failure to provide necessary care to a child, you may go to jail on those grounds. You will likely only be subject to jail if you willfully refuse to child support and the circumstances are especially egregious, because a person in jail usually will not be earning money to pay the arrearage amount.
4. Do I still have to pay child support if I declare bankruptcy?
Yes. Child support obligations cannot be discharged through bankruptcy. However, the fact that you have declared bankruptcy may justify modifying the current child support payment scheme. Contact a child custody attorney for details.
If you or someone you know has an issue with child support, you will need an experienced Southern California child support lawyer to help you through this difficult matter. At Wallin & Klarich, we have helped people with child support for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
















