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AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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FAMILY LAW – Conn: ENFORCING CHILD SUPPORT PAYMENTS. I now have SOLE Legal and Physical Custody of my 13 y/o daughter. I’m on a very tight budget with only SS Disability for income. My retired ex-husband (solely on SS) pays no alimony or child support, etc., never legally had to, and never has. He has hardly any contact with our daughter, for years now. (1) I believe I have a right to file for Child Support with the court, is that true? (2) If he doesn’t pay, I believe SSA will NOT deduct his child support for me from his SS check, is that true? (3) I guarantee you that he won’t pay me, starting with the first payment. A court order means nothing to him, as our divorce history proves. What are my options besides bringing him to court for contempt?

AttyCBradford :

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AttyCBradford :

Yes you have the right to file for child support, and you should do so through the department of child support services, as it is a completely free service and they will go after him for the collection of child support. Second, ordinarily you are correct SSA CANNOT be garnish, but there is an exception, that it CAN be garnished for CHILD SUPPORT, so yes they will have to deduct it from his check. You need to go through DCSS, they will grant you the judgment and issue the garnishment for you and he won't have a choice in paying you

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