In the state of California, there are many enforcement methods that can be implemented by a parent, or the courts on behalf of the parent, in order to collect child support. A particularly heavy-handed approach is contempt, which can be a very expensive process to initiate and may end up with the non-paying parent in jail. With the non-paying parent behind bars, it can become even less likely for child support to be collected by the other party, which can make this a less than ideal option.

A less-explored option is the Notice of Delinquency. A Notice of Delinquency is defined under Family Code section 4722, and allows for the unpaid amount defined in the Notice of Delinquency to begin accruing interest at six percent of the delinquent payment that remains unpaid during each successive month, capping at 12 months.

It is important to note that this process does not occur automatically, and the accruing penalties may be entirely waived if certain conditions are met. These can include demonstrating to the court why the penalties should not be accrued, proving that an illness or disability interfered with the parent’s ability to make payments on a timely fashion, and more.

That said, if the court finds that the parent was able to pay and simply did not, then it is very unlikely that he or she can expect any slack from the court.

Dealing with a Notice of Delinquency?

Whether you’re looking to send a Notice of Delinquency to a parent who has not made his or her child support payments, or find yourself on the receiving end of a Notice of Delinquency, you should not proceed without the assistance of a family law and divorce attorney.

Contact the skilled family law attorneys at Rubin & Levavi, P.C. Call our offices at (415) 564-2776 to learn more about how we can help.