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The vicious cycle of child support plans in america

Many Californians are aware of the stigma attached to one's failure to pay child support. However, those experiencing issues with regular payments know the severity of the situation; after all, a child's entire wellbeing could be placed on the line with only a few missed monthly payments. Despite the seriousness of this issue, there are some shocking truths to today's child support system that could help clarify current obstacles. 

When past due payments become a misdemeanor

No matter what type of expense may arise, financial support in a child custody arrangement can be crucial. California parents who are experiencing difficulties in receiving the proper amount of payments - or support altogether - have valid concerns for their children. Timely payments may not seem a major aspect of a child support process, but just one missed payment could place a child's health, educational goals and even safety on the line. 

Child Support Enforcement Automatic DCSS Levy on Father's IRA

The payment of child support is a clear public policy of California. There is simply no safe harbor when the state DCSS seeks to collect child or spousal support arrears. Many of us in the family law field may have been misguided in thinking that individual retirement accounts (IRAs) and other pension plans are exempt from collection. This clearly was the father's contention when he sought an exemption and later moved for injunctive relief to quash the collection proceedings. Under Family Code 5103, the levy was proper. More importantly, regardless of whether the children are receiving public assistance or the support was assigned to the state, the IRA was subject to a levy for both child and spousal support arrearages.

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