Whittier Child Support Lawyer
Parents involved in child custody and child support cases often find themselves dealing with the most contested issues in divorce and paternity court. Forcing a parent to pay child support can be a very emotional task especially when that parent disagrees with court orders affecting child custody. Generally, parents having less time with the child or children will pay child support to the other parent. Some parents even refuse to pay child support when they object to child support orders, but they are still required to pay. Although one parent does not pay court-ordered child support, that does not allow the custodial parent from withholding the child from the nonpaying parent. If a parent does not pay child support, Whittier Child Support Lawyer Joseph Torri can help clients file a wage garnishment/assignment and place liens on property.
California child support courts will order wage assignments (garnishments) once child support orders are made against a parent that must be filed and served. Wage assignments are legal procedures that mandate employers of a judgment debtor to withhold a portion of the judgment debtor's wages to satisfy the judgment. Wage withholding orders allow deductions to be made from wages or income on a regular basis. Wage assignments are used in family law court and civil court. The wage assignment notifies the employer to take child support payments out of the parent's wages. California Judicial Council Form Family Law (FL) 195 is the Income Withholding for Support Form. If the local child support agency is already working on the case, California Judicial Council Form FL 645 must be served on the child support agency.
If the parent paying child support loses his or her job or the income goes down, immediately filing to change or modify the child support order by filing a request for order with the court is most likely the proper course of action to take. Also, if the parent paying support goes to jail or faces an important change in circumstances, filing a request for order to modify child support is most likely the proper course of action to take. Since child support orders stay in effect until they are modified or changed, the person who loses his or her job will owe the original amount of support until a request for order to change support is filed with the court and granted by a judge. One should not be at fault for losing his or her job, because the court may not reduce or terminate the order if it finds a parent is at fault for losing the job. Furthermore, if the court finds that a parent is willfully not paying child support, one of the most severe actions the court can take is finding the parent in contempt of court, which could result in jail time. Consult with Whittier Child Support Lawyer Joseph Torri if you are unsure whether a request for order to change child support should be filed.
If a parent disputes how much in child support arrearages is due, he or she can request an accounting. In fact, addressing the issue is a much better option than ignoring child support payments. There are serious non-jail consequences for failing to pay child support. The court can suspend state-issued licenses, such as a driver's license and professional licenses for cosmetologists, lawyers, doctors, teachers, contractors and more. They can even suspend a fishing license. When back support is owed, the Department of Child Support Services can file a lien against real property, and report each child support payment to major credit reporting agencies. Lump-sum workers' compensation awards can be intercepted along with lottery winnings, state disability payments and unemployment insurance benefits. The Franchise Tax Board will be notified any time a parent is more than $100 and 60 days behind in paying child support for purposes of tax intercepts. The Franchise Tax Board can take funds from bank accounts, rental incomes, royalties, dividends and commissions, and even issue an Earnings Withholding Order and take real and personal property in safe deposit boxes, cash, cars and boats.
Hiring a Downey child support lawyer for representation in Los Angeles County could benefit any parent. Going into court without representation could cost the parent a lot of money over time if one has to pay more than he or she has to, while the other parent may get less money if he or she did not present the case well. In fact, if the other parent shows up to court with a family law attorney, you might get stressed out and not get to say everything that needs to be said. If a parent hires a lawyer on a fully-retained basis, you will know ahead of time if the other side has a divorce lawyer coming to court. However, litigants can hire a paternity or divorce lawyer on a limited scope basis, and one may not know if a family law attorney will show up until the day of court. The Law Offices of Joseph Torri represents parents facing child support issues in Southern California. Parents in Whittier, Downey, Norwalk, Los Angeles, Long Beach, Torrance, La Palma, La Habra, La Mirada, Orange, Mission Viejo, Aliso Viejo, Laguna Hills, San Bernardino, Rancho Cucamonga, Victorville, Upland, Riverside, Moreno Valley, Hemet, Indio, Palm Desert, Palm Springs, Rancho Mirage, Cathedral City, Newport Beach, Costa Mesa, San Diego, Vista, Carlsbad and other Southern California cities should call Joseph Torri's office for an initial consultation.