San Diego Parental Rights Attorney

Child Support Security Deposits

One option that a court can use to avoid non-payment of child support is to require that a parent make up to a year’s worth of child support payments at one time to be paid into a “child support security deposit” to ensure that the child will be financially taken care of during that time. The court will allow the paying parent the opportunity to file an application to reduce or eliminate this requirement based on the financial hardship of doing so, and the court will determine in its discretion whether the security deposit is necessary before ordering it.

Relinquishment of Assets to Court

A court may also require that a parent who has failed to make child support payments to relinquish money or other assets (i.e. an automobile) to the court, which the court could order to be sold with the proceeds of the court-ordered sale being used to pay the child support payments. Before taking such action, the court will give the parent a chance to argue that he or she either did not have the ability to pay the child support and/or that he or she did not intentionally fail to make the child support. The parent can also raise any of the following defenses to prevent the court from forcing the relinquishment of assets to the court:

• He or she is not actually behind in the payments
• There has been a custody change regarding the children
• There is a pending motion for support modification based on income reduction
• Illness or disability
• Unemployment
• The parent is otherwise unable to generate income
• Other emergency conditions

If the court does not find that the parent has a justifiable defense, it will order the parent to relinquish assets to the court and may impose interest on any delinquent child support payments. If a court ultimately determines that a parent has the ability to make his or her child support payments but is purposefully failing to make the payments and continues to not make payments, the judge may find that parent to be in contempt of court and may even order the parent to serve jail time.

Understanding the Importance of Legal Representation in Parental Rights Cases

Navigating family law matters can be emotionally challenging and legally complex. Having a knowledgeable attorney by your side can make all the difference in achieving a favorable outcome. At Andy Cook Law, we are committed to providing personalized legal support tailored to your unique situation. Here’s why having a dedicated legal representative is essential:

• Expert Guidance: Family law encompasses a variety of issues, from custody agreements to divorce proceedings. Our experienced attorneys will guide you through each step, ensuring you understand your rights and options.
• Strategic Planning: Every case is different. We take the time to develop a customized strategy that aligns with your goals, whether it’s securing custody of your children or negotiating fair support payments.
• Negotiation Skills: Many family law disputes can be resolved through negotiation. Our team is skilled in mediation and negotiation techniques, working to reach amicable solutions without the stress of prolonged litigation.
• Emotional Support: Family law matters can be emotionally taxing. We provide compassionate support throughout the process, helping you make informed decisions while considering your emotional well-being.
• Protecting Your Interests: Our primary goal is to protect your rights and interests. We will advocate vigorously on your behalf, ensuring that your voice is heard in court and that you receive fair treatment under the law.

Don't navigate the complexities of family law alone. Contact Andy Cook Law today to schedule a consultation and discover how we can assist you in achieving the best possible outcome for your family.

Start today with a free consultation. Contact us online or call (619) 304-9769 to speak with our San Diego parental rights attorney today.