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California keeps large portions of supporting parents’ money

On Behalf of | Jan 18, 2023 | Family Law |

Across the United States, child support and the supporting parent’s commitment and follow-through of that money are taken very seriously. If the parent does not pay on time or does not pay at all, there are consequences beyond money. It is not uncommon for the supporting parent to be incarcerated until they pay. How they find the money to pay is their problem.

In some cases, the state garnishes a parent’s wages in the name of child support, although the child ends up receiving less than the money that was taken from the parent’s wages. Apparently, the remaining money is going toward government debt that the parent acquired many years previously. Unfortunately, in many cases, the supporting parent doesn’t have enough money to live on and pay bills after their wages are garnished to such an extent.

Where is the money going that California is withholding?

According to the Office of Child Support Enforcement, California is holding onto more than 3.5 times the national average of child support payments. Apparently, the state is paying itself before allotting money to the child for child support payments. The state considers the money that it keeps as interest on tax debt of the supporting parent from the past.

There are many people who do not agree with the state and besides the financial consequence, another consequence to the supporting parent is that their license may be suspended, which could potentially negatively impact their ability to earn a living at all.

How will the supporting parent come up with the money for child support?

The answer to that is that in many cases, the supporting parent is not able to come up with the money and has little choice but to suffer the consequences of the situation. In many cases, the tax debt is extremely old and there are those people who feel that the debt should be forgiven. If that were to happen, the child would get what they need and the supporting parent would be able to meet their obligations to the child.

The law that allows a state to take larger portions of the supporting parent’s money than what they owe in child support is an old law and many people feel that it is outdated and should be eliminated. There are lawmakers who are working on getting the law to change but that is not the case right now.

Solid legal advice from a California family law attorney

If you are the supporting parent for your child and you are having a similar financial issue, getting the benefit of a California family law attorney may make a big difference to your case. Family law can be complex and it is important to keep in mind that every decision you make not only affects you but it also affects the other members of your family, now and in the future. Your attorney can walk you through the process and can help you to protect your rights and the rights of your family members. Hopefully, you will then be in a better place and can look forward to a brighter future.