Options for Enforcing a San Jose Child Support Order In California, child support orders are given high priority in comparison to other types of judgments in civil cases. Bay Area divorce attorneys at the Law Offices of Thomas Chase Stutzman are familiar with these orders and the options available to enforce them. These orders are not dischargeable in a bankruptcy proceeding, a greater percentage of the debtor’s disposable income may be garnished, and state or federal income tax refunds may be intercepted. This is because the purpose of child support is to provide for the care of minor children, and to prevent those children from becoming impoverished.

Unfortunately, all child support obligors (those with a duty to pay child support), do not always pay timely or voluntarily, and other steps must be taken to collect past due support. There are many instances of obligors being severely delinquent in their obligations to pay Child support in San Jose. A family law attorney in San Jose can be of assistance in collecting past due amounts. The most common method of collection of past due obligations and ongoing current support is through an income withholding order. This is a wage garnishment to collect up to 65 percent of the obligor’s disposable earnings. The order is ongoing and will remain in full force and effect until modified by the court. The percentage permitted to be garnished is far higher than the 25 percent rate for garnishment of other creditors. More importantly, a child support income withholding order will supersede other garnishments. If the obligor has an order in another state for support, but now resides in California, a proceeding to have the order enforced in California is possible. Under the Uniform Interstate Family Support Act, (UIFSA), a local attorney can ask the court to acknowledge and/or register the out of state order, and provide California enforcement methods to collect the judgment. The person receiving support may not need to appear in California to accomplish this. Support obligors can be ordered to appear in court to identify real and personal property they own. Besides an income withholding order, bank accounts and personal property may also be levied as a method of enforcement of the order. A lien can be placed on the personal property of the obligor, allowing the property to be seized, foreclosed upon and the proceeds turned over to the intended recipient. Likewise, a lien on the real estate of the obligor may also be filed. A real estate lien has an advantage in that the property cannot be sold or refinanced without first satisfying the lien. Another method of collecting past due support is through the interception of an income tax refund, either federal or state, or both. Often, the District Attorney’s office of the county in which the order was secured, through the IV-D program will be of assistance in securing a tax refund offset. Attorney Tom Stutzman has been handling Santa Clara County Child Support cases for more than 35 years. As a San Jose Family Law Attorney, Mr. Stutzman is fully familiar with the methods for collecting past due child support in Santa Clara County and California. Locating obligors and ensuring that liens are filed, preparing and issuing support orders and locating assets of obligors are a part of his practice. However, collecting support obligations is only a portion of what Mr. Stutzman handles. As financial circumstances of the parties change, the child support obligation may change. He is

qualified to review your support order, your present financial circumstances, and if warranted, can seek an order modifying support for the support of your minor children. If you would need legal counsel in revising or establishing a child support order, you can talk him for a free 30-minute consultation by calling his office at 408 294-4600 or visit his website at www.tomstutzman.com.