Missed child support payments are a problem that far too many single parents struggle with. When the other parent shirks his or her financial responsibility, this can leave the other party hanging and potentially unable to provide for the child’s basic needs. Naturally, the California family law courts don’t look kindly upon those who miss their child support payments, which is why there are established legal procedures you can explore when trying to collect missing payments.
Begin by Opening a Child Support Case
The first step in collecting retroactive (or missed) child support payments involves opening a case with the nearest child support enforcement agency. One thing to consider is that, in order for a case to be opened, both parents must be able to be found or located.
Once the case has been opened, you can proceed to establish a court order by filling out Form FL-300 along with a few other documents. We recommend you keep meticulous records of things such as communication records between you and the other parent, history of past payments, receipts for all expenses related to providing for your child, and more.
Bringing Your Case to Court
Once your documents have been filed, the other parent needs to be served either by yourself or a third party. This gives the other parent a heads up on the open child support case and upcoming hearing.
Next, you both make your appearance in court. Here, a judge will work to determine whether the other parent owes retroactive child support payments. If so, the judge assesses the amount owed along with any additional penalties and interest that may apply.
Our Experienced Family Law Attorneys are Here to Help
Judges have a lot of flexibility when it comes to granting and applying back child support payments in CA. Along with good record-keeping, it is essential that you recruit the assistance of a reputable family law attorney. Hearings can get messy and may lead to unexpected outcomes. The best way to minimize any potential issues is by seeking the help of a qualified legal expert.
Remember, our attorneys offer free initial consultations. Call the Law Offices of James P. White today and schedule an appointment with an experienced CA family law attorney.