California Info

California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum California Products Divorce by County

California Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

California Divorce Support California Divorce Online

Enforcement of Orders

Many remedies are available to enforce court orders, both with respect to custody, as well as with respect to child and spousal support orders. Some of the most common of these remedies include:

Contempt

A party subject to a valid order who with knowledge of the order and the ability to comply with the order, fails to comply with the terms of the order, is subject to contempt charges. Usually, contempt is quasi-criminal in nature, and the burden of proof of the moving party is typically "beyond a reasonable doubt." A party may be found in contempt for many violations, including failing to abide by custody orders, failure to pay support, and other violations. If the citee is found guilty, they are subject to jail time as well as being fined.

Wage Assignment Order

Under California Law, the court is required to issue an earnings assignment for all support orders: An order requiring the payor spouse's employer to directly pay the support to the recipient of child, family or spousal support is now mandatory whenever the court makes or modifies a support order. [Ca Fam Sec.5230(a)]. The only exception to this rule is where the parties agree otherwise. This tool can be particularly powerful where a party has failed to make regular payments, as the employer is required to directly pay the recipient the support out of the payor's pay check.

Writ of Execution

Utilizing this procedure, a party owed support or other funds may petition the court for an order that assets be seized and sold to satisfy the obligation. This procedure also can be used against bank and deposit accounts to get obtain large sums of money that are past-due.

Motion for Determination of Arrearages

Where an individual owes or disputes a significant amount of support, either party may petition the court for a hearing to determine exactly how much support is owed. This calculation should include legal interest at the rate of 10% per year, and such interest can be significant. This procedure can also be used where the District Attorney sues a party claiming that they owe significant back support, and the obligated spouse contests this amount.

Child Support Security Account/ Electronic Funds Transfer

The court can require the paying spouse to deposit up to one year's payments to fund an interest-bearing trust account for the supported child. The account acts as a continuing guarantee for monthly child support payments; disbursements to satisfy support arrears will be ordered if payments become 10 or more days overdue. This method of enforcement is often used where the obligor spouse is self-employed or frequently changing jobs. [California Family Code Sections 4560, 4561, 4570]


Was this helpful? Like our site & let us know.

Related Articles


Start California Divorce Start Your California Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
California Divorce Find California Divorce Professionals in Your Area:
Join the Network
California Divorce Products, Services and Solutions California Divorce Products, Services and Solutions
California Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free California Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Separate property is property acquired before marriage, property received after the date of separation, inheritances, and gifts. Separate property is not divided in the divorce. Debts incurred before getting married or incurred after separating are separate property debts. Spouses are required to file proof of community and separate property on a Preliminary Declaration of Disclosure.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a California Divorce

 

Settle Your Divorce Negotiate Your California Divorce

 

Support Forum California Support Forum


FEATURED TOOL - QdroDeskTM (Divide Your Retirement Account Online)


Limited Offer Your Right to Child Custody, Visitation & Support
Cover Price: $24.95
Your Price: $17.95
You Save: $7.00

"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law