Child support is a legal commitment that many California parents must fulfill to take care of their offspring. When parents do not live together or have gone through divorce, non-custodial parents often find themselves with child support mandates to continue to provide for their kids. However, when parents cannot or do not pay their ordered obligations they can face serious legal penalties.
The California Family Code outlines the process for addressing delinquent child support payments. When a custodial parent finds that the non-custodial parent is at least 30 days behind in his or her payment of child support, the custodial parent may file a notice of delinquency with the relevant court. The notice of delinquency must state how much money the delinquent payer owes in support as well as if any payments have been made with regard to satisfying the outstanding amount.
Overdue child support payments can be subjected to financial penalties ranging from 6 to 72 percent of the delinquent amount. Attorneys who work in the child support field can discuss specific cases of delinquency with their clients to determine how great their penalties may be. Nothing contained in this post should be read as legal advice and the data discussed herein is provided for informational purposes only.
Once the notice of delinquency is completed it must be served on the offending party. Service can be in person, by certified mail or through other legally recognized channels. In some cases, individuals subject to notices of delinquency can avoid penalties by promptly paying off their outstanding support obligations.
Child support is mandated by courts when children are in need of financial support from their non-custodial parents. It is assigned to achieve the best interests of the children subject to the orders. When a failure to pay child support occurs, family courts can take a hard look at the circumstances of the parents and impose penalties to draw them back into compliance.
