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Unpaid Child Support in Divorce .
  • Divorce and child support

Unpaid Child Support in Divorce

When it comes to unpaid child support in a divorce wages can be garnished, or seized without a court judgment. If a parent fails to make their child support payments, the state has the right to collect that person’s wages through their employer, or through other means.

If your spouse owes unpaid child support, you have a number of ways to collect the money from them set by the California Department of Child Support Services. The various types of earnings that can be garnished for unpaid child support payments are:

• Wages in the form of salary, tips, bonuses, retirement and vacation pay, commissions and regular overtime
• Dividends, rents, royalties, patent rights, payments due for services of independent contractors
• Payments from workers compensation, temporary disability benefits
• Regardless of source, any other payments or credits due or becoming due

In a California divorce, if the garnished wages do not cover the entire amount owed, the custodial parent may seek other ways of obtaining garnishment by property seizure. Property seizure is the act of law enforcement officials taking property which includes: houses, boats, cars, motorcycles, corporate stock, and more. This only occurs after the parent has had various amount or types of notice to pay the child support and still has not paid. The custodial parent must keep in mind that the levels of garnishment are 50% if supporting another family, 60% if not, and 65% if the spouse child support payment is 12 weeks past due. Regardless, under California law, the spouse having to pay child support must pay the amount agreed upon by the court during the divorce, no matter what kind of payment they make or is lawfully seized.

If you have specific questions about wage garnishment and/or divorce contact Thorsteinson Law Group, your trusted and experienced divorce and family law attorney.