Q1: Is it possible to establish a withholding order for past-due support on retirement income?

Yes. the Law Office of Ronn Bisbee will prepare a Qualified Domestic Relations Order (QDRO) and serve it on the Plan Administrator, who must comply under federal law.

Q2: The non-custodial parent is currently involved in a law suit that may result in a monetary award. Is there any way to file a child support lien in the pending action?

Yes. the Law Office of Ronn Bisbee will utilize this enforcement tool where the defendant is suing an employer, getting a personal injury settlement, or an equalization payment in a dissolution action from the “new” spouse.

Q3: Is it possible to file a lien or establish a wage assignment on a non-custodial parent’s worker’s compensation claim and/or income?

Yes. the Law Office of Ronn Bisbee can file a lien against a non-custodial parent’s interest in a permanent disability award and collect up to 25% of temporary disability benefits.

It is important to note that child support orders continue to accrue (even when the respondent/obligor is injured and unable to work) unless and until the order expires by operation of law or is modified or set aside.

Q4: What if the non-custodial parent’s employer does not honor the wage assignment?

It is against the law for an employer to disregard a wage assignment for current or past-due child support. A contempt action may be filed against an employer who fails to comply.

Q5: The non-custodial parent is a beneficiary in a probate case (i.e., non-custodial’s parent died). Is it possible to file a child support lien in the probate case?

Yes. However, it is important to inform the Law Office of Ronn Bisbee as soon as possible so it can move quickly to place a lien on the defendant’s interest before the court makes orders to disburse monetary interests to beneficiaries in the case.

Q6: Does past-due child support accrue interest?

In California, past-due child support accrues at the rate of 10% per annum. Check your state law by clicking the “State Law” link on the sidebar menu to the right.

Q7: Is it true that the non-custodial parent does not have to pay court-ordered child support if I do not comply with the visitation schedule?

No. Custody and visitation orders are separate and distinct from the monetary child support order. If a custodial parent fails to comply with a custody/visitation order, the non-custodial parent may not withhold monetary child support, but may seek relief from the court.

In some jurisdictions, courts have held that child support was owed even when the custodial parent intentionally concealed the children from the other parent.

Q8: No. This is called a retroactive modification, which is prohibited by statute. If there is a significant change in circumstances since the last order was made, either party may file a motion requesting modification of the order, effective the filing date of the motion.

No. Although at one time child support was dischargeable under federal bankruptcy law, it is no longer the case

Q9: Is the non-custodial parent entitled to credit on a past-due support obligation for time periods of unemployment or incarceration?

No. This is called a retroactive modification, which is prohibited by statute. If there is a significant change in circumstances since the last order was made, either party may file a motion requesting modification of the order, effective the filing date of the motion.

Q10: Is it too late to collect past-due child support if my children have already emancipated?

No. In California, child support is enforceable until paid in full. Delinquency does not extinguish the debt. However, in some jurisdictions, the equitable doctrine of “laches” or a statute of limitations may prevent you from collecting past-due support under certain circumstances