First, an order must be generated by a judge to set the terms of the arrangement and to provide a basis for enforcement in the case of a non compliant parent. This order is often included in a divorce agreement, but an unmarried mother or father can also seek child support. To do so, the custodial parent would appear in family court to request an order. The court would likely grant this if the other person acknowledges their parentage or it is proven, for example, through a paternity test. Once entered by the judge, this order becomes a legal document establishing the method, frequency, and amount of payment that the parties will exchange, as well as the penalties that will ensue if the obligor (the person who must pay) fails to meet their payment requirements.
Lavinsky Law have different methods for determining how much the obligor must pay. Some give judges more discretion over setting remittance amounts within certain guidelines while others have a strict formula. However, there are a few basic principles that govern their calculations.
When the person ordered to make payments fails to do so, there are various ways in which this breach can be enforced. Sometimes, state agencies are engaged to locate the noncustodial parent so that a collection process can begin. States also employ penalties to compel delinquent obligors to pay, including revoking driver’s licenses, or they can intercept sources of income like tax refunds or use wage garnishment to automatically collect past-due balances. Los Angeles child support attorneys at Lavinsky Law are here to help you.