If your ex does not pay child support you have several options to collect what we call the “support arrears”.
If there is a valid court order signed by a Judge for child support, you have the following options to collect the support arrears:
- Garnish Wages. Garnishing someone’s wages is when the child support is deducted directly from the payor’s paycheck. Once the child support gets processed, the money is sent to you directly by the garnishing entity, not by your ex. Garnishing wages is a useful tool when the party is employed as a W-2 earner (not self-employed) and can ensure timely payment.
- File a Writ of Execution. A write of execution gives the sheriff the right to collect money directly from the payor’s assets. They can take money directly out of the payor’s bank account, sell a vehicle, collect other assets to satisfy the child support payment, etc. A Writ of Execution is useful when the payor has assets to collect against.
- File a Contempt. A Order to Show Cause RE Contempt can be filed when someone does not pay child support, as they are violating a court order. If found guilty of contempt, the payor can be sentenced to up to five days in jail and a $1,000 fine for each payment missed. Contempts can be a useful tool as they motivate people to pay because they fear the harsh penalties associated therewith.
- Contact DCSS. The Department of Child Support Services can suspend licenses for people who don’t pay support, such as a driver’s license, and take other remedies to help collect the support arrears.
If you are attempting to collect child support arrears, call the Santa Barbara Divorce Lawyers at Morales Law P.C. to discuss the best strategy to collect your support arrears.