How to Sue for Child Support

Are you having trouble receiving payments from an ex spouse or partner? If so, you may be wondering how to sue for child support.

Read more for details on this difficult situation.

Introduction

Struggling to access owed child support? Have an order of support through the courts, yet find yourself chasing an ex who just won’t pay? Deadbeat parents are a fact of life in many families, and they can cause serious havoc that leaves the parent with primary custody struggling just to get by.

Dodging payments (sometimes to the tune of several thousand dollars) isn’t only unfair for the child; it is also highly illegal. Parents who dodge, avoid, or otherwise refuse to pay up can be forced to pay through court-ordered garnishments, seizure of income tax refunds, liens, and interception of benefits. The courts can and will enforce these actions on your behalf to ensure that support gets paid.

As for whether or not you can sue the other parent for child support, there’s no easy or simple answer to this question. The Small Claims Court does not hear cases related to child support. However, you may be able to file for enforcement in family court if your case meets certain criteria.

Was Your Ex Court Ordered to Pay?

In many cases, when two parents separate they go to court to create an order of child support and/or custody. This legally binding document outlines exactly what each parent is responsible for both financially and logistically. Like any other court order, it does become fully enforceable by the courts in the face of a violation.

What does this mean for you? Essentially, you can only sue your ex for child support if they were court ordered to pay support in the first place. If you are seeking a new child support arrangement or are fighting to get your ex to pay an amount you agreed upon in any other way, you may not have enough evidence to sue.

Informal agreements, verbal arrangements, and even written contracts between both parents that were created outside of the courts may be useful for couples who remain amicable. However, they are just not enforceable in the same way.

Although it is technically possible to sue your ex for child support in court, this is rarely ever recommended. The Family Court will ask you to seek out an initial order and/or work with local child support agencies on enforcement instead.

How to File for a Court Order

If you don’t have an active order of support, this should be your first step.

You can file a request for an order at any time. However, note that the courts will not grant you retroactive support – they begin calculating from the day the order becomes active only. That means you can’t seek an order for the first time years after separating and expect to receive years of backpay. For this reason, it is often best to file for an order shortly after separating.

To file a request for a court order, you’ll need to reach out to a child support attorney and/or contact the local California Child Support Services office nearest to you. You can find a full list of offices by county at this link.

Use the “Apply for Services” button to begin the process. You will be routed to a secure website where you must input details about your case. This information is then forwarded to your closest child support agency. A case worker will review the details and reach out to you to inform you whether or not they can help.

Apply for Help in Person

If it’s easier for you, you can also apply in person. To do this, locate the address of your nearest child support office. Then, download and print off an Application for Child Support Services Packet. Fill it out to your best ability and bring it to your local agency for processing.

Please note that most offices are currently closed to the public in response to COVID-19. However, you can still communicate with the office via email, telephone, and their onsite Customer Connect portal.

After your case is accepted, you have the option to ask the agency to represent you going forward – including when it comes time for court. Or, you can choose to work with legal aid or a private attorney in tandem with the agency instead. This is a matter of personal preference, as all parties can and will help you file with the courts. Expect processing to take anywhere from a few weeks to a couple of months.

If You Already Have a Court Order

If you already have a court order, plan to seek one, or just want to know more about your options for enforcement, this section is for you. Note that in nearly all cases, you will work directly with local enforcement agencies rather than suing your ex.

• Your local California Child Support Services office can step in and garnish your ex’s wages in an effort to make them pay. They can also file a motion with the District Attorney’s office to place a lien on their properties or seize a portion of incoming benefits (such as a pension) in an effort to compensate you.
• You can contact a family law lawyer who specializes in child support enforcement to handle this step instead if you prefer. Like your local child support agency, they will file a motion with the District Attorney’s office in an effort to seek enforcement – including liens, garnishment, or seizure of funds.
• If your ex-spouse is a business owner or licensed professional, a family law lawyer may be able to help you file a motion to have their license suspended until they catch up on child support payments. This is often ideal because it removes the spouse’s ability to make money unless they agree to pay.
• You can enter mediation under a neutral, third-party attorney who can help you find an alternative resolution. This option is generally only wise if you believe your ex truly wants to pay, but payments are creating undue hardship.
• You can petition the courts to modify or reduce child support payments. Again, this step should only be used under the guidance of a lawyer when you believe the reason your ex refuses to pay is related to affordability.
• You can ask Child Support Services to file a criminal charge against your ex if they refuse to pay, dodge payments, or attempt to disappear (including if they quit or change jobs to avoid garnishment). This is a very serious charge that may result in jail time, a permanent record, and temporary loss of income.

Final Thought

It’s not easy raising a child on your own, especially when an ex refuses to share the responsibility and help out. Whatever you choose to do, your first step should be to reach out to a legal referral service who can help you consult with a lawyer who specializes in family law. He or she can help you better understand the facts of your case, how they interface with family law, and what actions to take.

Read More: