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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Child Support
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I’m Entitled to Child Support, Now What Do I Do?
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Every state, including California, has a child support enforcement agency or office. California has the Child Support Services Department (“CSSD”) which is federally supported by the Office of Child Support Enforcement (“OCSE”), which administers federal child support legislation and provides tools and funding to the CSSD.
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Child support is determined by a number of factors; however, it predominantly hinges on the amount of time the noncustodial parent spends with the child. Many times child support is reflected in an court order. After the amount of child support is determined, it is important for the support paying parent to be current which their payment. This is especially true if a parent is paying based upon a court order. If for any reason the support paying parent is unable to make the payments in compliance with the court order, it is necessary that that parent go back into court and have the order modified to an order that the support paying parent can comply with. Generally, courts are more willing to modify a support order if a change in circumstance can be shown. However it should be noted that regardless of the reason for failing to comply with a court order is a criminal offense which may be punishable with a fine, jail time, loss of a drivers license, or loss of a professional license. Courts are more willing to work with parents who have made an attempt to keep current and compliant with their child support payments.
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Punishments for parents who fail to meet support obligations for children residing in other states may be more severe. As these parents are not only violating state laws (i.e. the Uniform Interstate Family Support Act), but they may also be violating the federal Deadbeat Parents Punishment Act. Under this act, a parent failing to meet their support obligation can be charged with a misdemeanor or felony.
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As a parent who is owed child support but having trouble collecting it is important to know your options. When child support is owed, it is important to start collections attempts early because it is easier to collect smaller amounts than larger amounts. Additionally, it is important to know your options, as some collection methods could adversely affect your collection attempts.
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Delinquent amounts may be collected through use of: wage withholding, wage garnishment, tax refunds, write of garnishment & execution, and/or private child support collection agencies.
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Wage withholding and garnishment involves getting a court order for the obligated parent\’s employer. The order forces the obligated parent’s employer to deduct money from the parent\’s check for child support purposes. The difference between the two is that wage withholding happens on an ongoing basis, whereas wage garnishment is a one time deduction.
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Parents who are owed delinquent child support also have the ability to intercept the obligated parent\’s state or federal tax refunds.
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After the amount of child support is determined, it can be reduced to a judgment. Obtaining a judgment will allow your to work with the court and sheriff to obtain a writ of garnishment and execution. This will allow you to determine and access the obligated parent\’s liquid assets, i.e. checking accounts, IRA accounts, personal property, and real property to satisfy the delinquent amount.
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Parents owed child support may also opt to use state agencies or private entities to get their money. However, these parents should be wary. Some private collection agencies take a percentage of the debt as payment for recovering the owed amount. Additionally, some state agencies refuse to work with parents who have previously engaged the services of a private collection agency.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
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Q: How is child support determined?
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A: California has stringent support guidelines which consider many things, including but not limited to the: incomes of the parents, the needs of the child, the relative abilities of the parents to pay support, and each parent\’s custodial percentage. Courts will generally follow the amount suggested by the guidelines unless a reason to depart from them exists.
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Q: Can I get child support if I never married my child's father?
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A: Yes. Both of a child's biological parents owe are required to financially support the child. In the absence of marriage, a genetic/ DNA test may be necessary to prove paternity. However, once paternity has been established, a court will award a support order.
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[More]
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 Federal Office of Child Support Enforcement
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The Child Support Enforcement Program is a joint federal, state and local partnership to ensure that parents provide support to their children.
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American Bar Association Child Support Guidelines Report
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Tables at this site summarize the current child support laws in all 50 states.
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[More]
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