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Raising a child is expensive, so when one parent is ordered to pay child support to the other, it is typically because the court finds such financial support necessary. However, despite good intentions, some parents might find themselves in a situation where they are unable to meet their child support obligations. In this blog post, we will discuss what happens if you are unable to pay child support in California and what legal options are available.
Under California law, a parent who is delinquent in their child support payments for more than three months can face penalties such as wage garnishment, bank account seizure, or credit reporting. If a parent is considerably behind on monthly child support payments, the state can intensify collection efforts, including filing a court order for contempt or criminal charges. Notably, if a parent becomes unemployed or loses their source of income, they are still responsible for paying accrued child support obligations.
If a parent is unable to pay child support, they can file a petition requesting a child support reduction hearing. When an individual’s circumstances have significantly changed, such as a job loss or disability, they can present new evidence to the court for a modification of their support order. However, it is important to note that a reduction in a child support payment can not be made retroactively, meaning that the modification will only apply from the date the petition was filed.
If a parent loses their employment or becomes incapacitated and unable to earn a living wage, they should immediately consult with a child support attorney. An experienced child support attorney can provide legal guidance on the implications of delinquent payments and possibilities for relief, including exploring other ways of fulfilling the payment obligation.
Another option for parents who are delinquent on child support payments is to agree upon a payment plan with the custodial parent. In some circumstances, a parent may be willing to accept partial payments over time instead of pursuing legal action.
If a delinquent parent refuses to fulfill their child support obligation or an agreement cannot be reached with the custodial parent regarding payment plans, the court may enforce a penalty. Enforcement may consist of the parent’s driver's license suspension or arresting them on a warrant. Additionally, the court may impose wage garnishment, enabling the court to withhold a portion of the parent's income for child support payments.
It is crucial for parents to understand and meet their child support obligations. Being able to afford child support can be challenging for some parents, especially during challenging economic conditions. While a parent may face penalties for failing to make child support payments, there are legal avenues to explore when a parent finds themselves unable to make payments. If you are facing such a situation, it is important to consult with an experienced child support attorney, who can help you explore your options and work towards a favorable solution.
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