QUESTION:

How can I make sure that I receive the court-ordered child/spousal support?

ANSWER: 

Before the debtor is paid, all child and spousal support orders must be paid by a wage assignment. This means that the support payment is deducted from the paycheck of the spouse who is ordered to make the support payment.

QUESTION:

What happens if a spouse violates a court order?

ANSWER:

That party may be held in contempt of court. And may be given five days in jail for each count.

If a spouse fails to pay the court-ordered child or spousal support, that party may be held in contempt of court and punished accordingly.

Such punishment can include a fine and/or imprisonment. Because contempt can result in the offending spouse being put in jail, it should be considered only as a last resort.

A spouse or parent who is owed past-due support payments can obtain an “earnings withholding order” which can be served on the employer of the non-paying party.

This can result in as much as 50% of the non-paying party’s net income being applied to the arrearage.

In addition, any spouse who is ordered to pay child support or spousal support and fails to do so can have his or her wages “assigned.”  

A wage assignment can be used to collect current support payments as they become due, as well as past-due payments.

Deductions are made from the spouse’s paycheck by the employer and mailed directly to the other party.

Judgment Collection Attorney, Lawyer
Los Angeles & California Enforcement