What do you do if you are not getting your support payments?

First thing you should do if your ex-spouse is not paying their support payments is contact an attorney right away. Also if they are not paying their child support payments you might want to contact the California Department of Child Support Services.

The following is a list of some of the remedies that might be taken.

Wage Garnishment
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.

Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.

Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period.

Attaching Tax Refunds
If the nonpaying parent is at least three months behind in child support payments, the Federal Tax Offset Program allows you to "attach" (take) the nonpaying parent's federal income tax refund.

You can find out more information by contacting your local or state child support enforcement agencies.

Contempt Motions
Another option might be to file a contempt motion against the parent who hasn't paid support, asking the court where the child support order originated to hold him or her in contempt for violating the child support order.

Hiring your own attorney is the fastest and most efficient way of processing a contempt motion.
In some states, local child support agencies will provide you with an attorney if you can't afford one on your own.

Your attorney will need the following information to file the contempt motion:

• A copy of the child support order
• The nonpaying parent's name, current address and social security number
• The nonpaying parent's driver's license number, if available
• The current employer of the nonpaying parent, if available
• A list of any real estate the nonpaying parent may own
• Identification of any professional licenses the nonpaying parent may hold
• A description of any previous efforts you've made to collect the past-due support

How do you get a move away order for out of state?

In order to obtain a move away order to relocate with the child out of state, the requesting party must submit a request to the court in order to do so. The court will consider the following:

• Have circumstances changed since the original order for custody and visitation was issued?
• Is the purpose of the move to prevent the non-custodial parent from having contact with the child?
• Is a move out of state going to be detrimental or beneficial to the child?
• If the parents have joint or shared physical custody, how much time has the child been spending with each?

The court does not answer these questions at just one hearing. In almost all cases, if the parties are not in agreement with the move, the court will order that a "730" evaluation take place.

This evaluation consists of thorough interviews conducted by a court-appointed professional, primarily, a psychologist. The psychologist will render a report at which time, he/she will make a recommendation stating that the move is either not in the child's best interest or that it is. The court will consider the recommendation and make a determination of the move as well. This process is not easily handled. It takes time and is costly.

Is there a bias towards women in family law courts?

Believe it or not I hear this question so many times. In fact many men feel that they have no chance at getting custody of their children. The truth of the matter is; No, there is not a bias towards women in family law courts.

The primary goal for all Family Law Courts is to always have the child/rens' best interest at mind, whether it be with mother or father. The court must and always assess the family situation and involves family mediators to give an unbiased recommendation as to determine where the child/ren will be best cared for.

This can be a tricky situation and it is recommended that if there is a custody dispute that you retain the services of a local child custody lawyer.

What is meant by Joint Custody and sole Custody?

Joint physical custody is when both parents have the child/ren an equal amount of time, if not, that the child/ren have two primary residences with both mother and father. With joint physical custody, both parents share in all responsibilities.

Sole physical custody is when the child only has one primary residence with either mother or father. The time share is not equal and the other parent is awarded visitation.

What is Legal custody?

Legal custody is when both parents share in all decision making for the child/ren. Both parents have a say-so as to the following:
-enrollment/dis enrollment private/public school and/or daycare
-participation in religious activities
-beginning/ending psychiatric, psychological, or other mental health counseling or therapy
-selection of a doctor, dentist or other health professional (except in emergency situations)
-participation in extracurricular activities
-out-of-state or out-of-country travel

Each parent must have access to the child/rens school, medical, and dental records and the right to consult with professionals who are providing service to the child/ren.

Each parent will be designated as a person the child/ren's school will contact in the event of an emergency.

Neither parent will change the last name of the child/ren or have a different name used on the child/ren's school,medical or other records without the written consent of the other parent.

For more information about all of your custody issues please visit my Family Law Website