How to Collect Child Support in San Diego in 2012

In San Diego, if a child is born out of wedlock, the first step in claiming child support is to determine who legally the father of the child is and to establish paternity with a judgment which is legally binding. A surprising number of men acknowledge paternity and voluntarily accept it with all the responsibilities that go along with it. In any event, the law provides for blood tests in cases where the paternity is contested. This request could be raised by either parent however there are strict time periods to contest so the best procedure is to always ask for a DNA test if you are the father so that you have 100% certainty. If you are having a problem in establishing paternity of your child, a Child Support Attorney can help.

Once you have firmly established paternity the next step is to determine the parenting plan and support. Normally, San Diego guidelines are the determining factor which establishes the amount the non-custodial parent should pay toward child support. Your family law attorney will advise you on how child support amounts are decided according to the Disso Master program which is used to calculate child support in San Diego Superior Court. Child support could also include mandatory “add ons” such as day care and medical expense division.

The final stage in enforcement is to attain the child support order. With a child support order and the assistance of your family law attorney, you can collect money due from the non-custodial parent whether by direct pay or wage assignment.

At any stage leading to a child support order your family law attorney will have to know where the non-custodial parent works and lives. Many a time a parent simply disappears but with investigators and public records, it is possible many times to locate them.

An assured way of collecting child support is through something known as “Wage Garnishment” which is withholding the pay check of the parent in default however this requires that the employer is known so that an income and withholding order can be sent to the employer. A marvelous way of collecting is to acquire a child support order which orders the employer to deduct the money payable for child support and to send it directly to the custodial parent. Speak to your attorney about this procedure and how to apply for it.

Enforcement is different if the order is from the San Diego Superior Court-Family Law Division or the San Diego Superior Court- Department of Child and Social Services Department. In the San Diego DCSS cases, if child support is unpaid and in arrears, state and federal tax refunds can be held back as well as denial of renewal of passports if the amount in arrear is over $2,500. The San Diego DCSS can also place liens on real estate owned and levy bank accounts and this can be done in San Diego Family Law Court as well.

If you reside in the San Diego area and are experiencing issues in obtaining child support orders or in collecting child support you can approach the family law firm of Doppelt and Forney, APLC. This firm is well versed in different aspects of family law ranging from divorce matters, settlement agreements, child custody, and support and pre-nuptial agreements. It offers a free 30-minute virtual consultation to help you get your case in perspective. To know more about this established San Diego law firm click on http://www.sandiegodivorcelawyerhelp.com.