The founding attorney of The Law Office of Matthew J. Rudy.

Our Law Blog and Articles is an online publication that covers our latest news, hot cases, emerging trends and big personalities in law. It’s brought to you by Attorney Matt J. Rudy.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that has been used in the blog.
  • Writers
    Writers Search for your favorite blogger from this site.
  • Archives
    Archives Contains a list of blog posts that were created previously.
  • Login

Enforcement of Support Orders

Posted by on in Child Support
  • Font size: Larger Smaller
  • Hits: 5720
  • 0 Comments
  • Subscribe to this entry
  • Print

  b2ap3_thumbnail_download.jpg

 Federal law requires all child support payments be made by wage assignment and health insurance by Health Insurance Orders. Child support collection statistics reflect that only 20% of noncustodial parents pay their court ordered child support monthly, As a result, numerous additional enforcement laws have been implemented in order to force compliance.

These are not pleasant things to deal with. It is best to not let yourself get into these situations. If you do find yourself in trouble, try to work out a repayment plan and make sure you stick with it. Another consequence of non-payment of child support is interest charges. This can make many arrears balances double or triple. A $5,000 arrears balance can become $10,000 if not paid for many years. Once the CSE agency catches up with a non-payor, most of the enforcement actions available by law are put in place and the noncustodial parent will find himself or herself in quite a lot of trouble.

Modifications are also done by CSE agencies, usually at the request of either parent. There are often changes in circumstances during the life of a child support order that warrant a review for possible modification by either parent. A change in the percentage of visitation, change in custody, loss of job, new higher paying job, illness, etc. can all effect how much child support should be paid. Therefore CSE agencies are obligated under federal law to perform a review for modification every three years or when a change in circumstances occurs. Government CSE agencies usually perform this service at no charge. Some may however, charge the noncustodial a "filing fee" when he or she has initiated the review.

The CSE agency will mail out forms requesting information from both parents. They will then review all the information to determine whether or not a modification (either up or down) is warranted. If a modification is warranted, the CSE agency will file the motion with the court to set a hearing date. Both parents should attend the hearing and be prepared to produce evidence documenting their financial situation. Parents can avoid a court hearing altogether by agreeing on a modified amount via the CSE agency and signing a stipulation voluntarily. This is the preferred method as going to court is a costly and time consuming experience for everyone.

source : divorcesource.com

Blog posted from San Jose, CA, USA View larger map
Rate this blog entry:
12

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest Tuesday, 03 December 2024