The law requires an employer to withhold wages of a non-custodial parent and have them remitted to the custodial parent towards child support. This is aimed at making sure that the non-custodial parent does not fail to honor his or her obligations promptly. In other incidents, when a person has failed to honor their debt obligations, the lender may resort to using the court to have a debtor’s wages assigned in a manner that guarantees that all outstanding dues are paid. Someone may ask whether their labor union would have any say towards such remittances in California.
Under the Labor Code Private Attorneys Act, 2004 (Labor Code Sec 2699) and under the unfair competition Law (Business and professions code sec 17203), a union has limited capacity to sue on behalf of an aggrieved party on matters involving the person’s statutory right. The Union can thus not sue at a representative capacity to have a wage assignment fixed at a certain figure whether the union member is the custodial parent/lender seeking child support/ debt settlement or the non-custodial parent/ debtor who wants to have the figure set at a reasonable level.
Although a union member has a right to sue for issues related to wage assignment, the power to transfer that right to a third party is only given to a legislative body. This means a union member cannot transfer their right of cause of action to the union. A union should therefore obtain authorization from a legislative body to represent its employee(s) in any course of action. This allows the union to use its collective bargaining ability to influence the decision of the courts with respect to a wage assignment case. The union however cannot transfer its right to cause of action to a third party, who is an employee.
The unfortunate truth is that the strongest of relationships can go through turmoil and troubles and the bond of marriage might end with the signing of the divorce papers. Caring partners will always put the child as a top priority and ensure that during the legal divorce service, the child support orders are followed without putting the other partner in trouble. Financial aid that is given through the child support is important for the normal upbringing of the children who, most often, suffer the most in a divorce. Sometimes though, a parent might default on child support payments.
Steps to Recover Child Support Payments
It is important to keep all papers safely filed away before you can approach any law enforcement agency to help in recovering the money due to you. These documents should include the child custody orders and the divorce papers.
Once you have approached the appropriate law agency, you can ask them to provide assistance in terms of tracing the non-custodial parent who has lagged behind in child support payments. The legal entity or law enforcement agency can take actions ranging from seizure of property to prison time with the defaulting parent.
As part of the divorce service, the custodial parent is also within his or her rights to file an income-withholding order. Of course, details, like the employment information of the non-custodial parent, are necessary for this order to take effect.
There is also the option of contacting the local Child Support Enforcement office who will go through the child support orders you have and coordinate with other agencies in helping you recover the money.
Child custody orders are an important basis to determine which parent gets custody of the child and what is the schedule and quantum of child support payments. Based on these documents you can ascertain the quantity of money that is due to you as past fees and get the full force of the law to help you collect the same.
Christmas time is upon us and it’s the moment to see whether you’ve been naughty or nice. It’s the season to spread happiness, hope, faith and presents! But ever stopped to think about those orphans who are in the need of the love and family warmth that everyone craves during Christmas. Many of us search for a way to give back to the community, but charity truly does begin at home.
According to UNICEF there are currently more than 180 million orphans around the world and as of 2008, there are approximately 500,000 children around the US living in foster care. According to the same study, violence in residential institutions is six times the violence in foster care. With so many children in need around the world, why not give them the best Christmas present they’d appreciate for life? Let’s help bring a smile to the faces of these children and help mold the future of tomorrow’s world.
So head to the closest destination for legal services in California and ask for your adoption papers. For those who are unable to adopt a child in need, give back through the means of support for them. Stop by an adoption agency and donate whatever you can, drop off some presents or simply spend a day with them, reading to them or singing along with the season’s carols.