What If The Other Parent Stops Paying Child Support In San Jose?

When a parent stops paying child support in San Jose, the financial impact on the other household can be severe. Rent, groceries, childcare, and medical expenses don’t pause just because your child support stopped.

Fortunately, California law gives you powerful tools to collect when the paying party refuses to comply with a Santa Clara County child support order. Our experienced San Jose child support lawyer explains enforcement options and how the court handles parents who fail to meet their support obligations.

How California Enforces Unpaid Child Support

Parents have a duty to support their children. When they refuse to pay child support, the state can step in through the California Department of Child Support Services, or you can pursue enforcement directly with the Santa Clara Family Court. Either way, a missed or withheld payment does not simply disappear.

Unpaid child support in San Jose accumulates interest and can follow the non-paying parent for years. Enforcement tools available to the court include:

• Wage garnishment automatically deducts payments directly from the paying parent’s paycheck.
• Intercepting state and federal tax refunds and applying them toward the balance owed.
• Suspending the non-paying parent’s driver’s license or professional licenses.
• Placing liens on real property, vehicles, or other assets.
• Freezing or seizing bank accounts and other financial holdings.
• Reporting the delinquency to credit bureaus damages the non-paying parent’s credit.

Under California Family Code Section 4722, a parent who willfully fails to pay court-ordered child support can face contempt of court charges, which carry the possibility of fines and jail time.

Take These Steps If Your San Jose Child Support Payments Stop

Unfortunately, even with a San Jose child support order in place, enforcement doesn’t always happen automatically. To protect your rights, take these steps if the other parent stops paying:

• Insist on following the terms of the order rather than negotiating partial payments or a different amount.
• Keep records of all your child’s expenses and support costs.
• Document every missed payment, recording the dates and amounts owed.
• Contact the California Department of Child Support Services to open or reactivate an enforcement case.
• Request an income withholding order through the Santa Clara Family Court.
• Get legal help to file a motion for contempt if the non-paying parent continues to ignore the order.

The California Department of Child Support Services collects over $2.5 billion in child support payments on behalf of California families each year. To get the total amount you’re entitled to, take action today.

Struggling to Collect Child Support? Request a Consultation Today With An Experienced San Jose Child Support Lawyer

When a parent falls behind or refuses to pay child support in San Jose, it can have serious impacts on your child and your family’s financial security. At Argyris Mah, LLP, we provide the comprehensive support and fierce legal representation you need to enforce child support payments.

If the other parent refuses to pay or falls behind in what they owe, contact our office to discuss enforcement options with our experienced San Jose child support lawyer. Request a confidential consultation today.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=4722