Once Child Support Is Awarded, How Long Until Payments Begin?
Navigating the complexities of child support can be overwhelming, especially when trying to understand the timeline for receiving payments. At Primus Family Law Group, we recognize the importance of clarity during such crucial times. Below, we break down the process from the award of child support to the commencement of payments, using illustrative scenarios to provide a comprehensive understanding.
The Timeline for Child Support Payments
Once child support is awarded, several factors influence how soon payments begin. Understanding these factors can help manage expectations and plan accordingly.
Initial Court Order and Enforcement
When a court issues a child support order, it typically specifies the start date for payments. Questions arise as to when exactly payment begins:
- Court Processing Times: After the order is issued, it must be processed and documented by the court. This can take anywhere from a few days to several weeks, depending on the court’s backlog. However, once the judge makes the order and sets the date for payment, the obligor is expected to pay as of that court ordered date even if the actual order has not yet been processed by the court.
- Employer Notification: If a wage garnishment is involved, the paying parent’s employer must be provided the court order and instructed to withhold the appropriate amount from the parent’s paycheck. The payment is then sent to the State Disbursement Unit which is the state’s agency for the collection and subsequent distribution of the support to the payee. This process can also take a few weeks to implement but the state ensures the payee gets caught up on payments delayed as a result of their processing times.
- Voluntary Payments: In cases where the paying parent is expected to make payments to the payee directly without wage garnishment, the expectation is that the full amount ordered will be paid on the date ordered by the court. However, this does depend on the parent’s compliance with the orders and financial situation.
What If Scenarios
To illustrate, let’s consider a few scenarios with fictional characters:
Scenario 1: The Prompt Employer
Jane and Mike have recently finalized their divorce. The court orders Mike to pay child support, starting on the 1st of every month. The order is processed swiftly, and Mike’s employer is notified within two weeks. By the next payroll cycle, Mike’s employer begins withholding the support amount from his paycheck, sends it to the State Disbursement Unit and Jane receives her first payment by the end of the first month.
Scenario 2: Delays in Processing the Wage Garnishment
In another instance, Sarah is awarded child support from John. However, the court is experiencing a backlog, and it takes three weeks to process the order, necessary for the wage garnishment. Additionally, John’s employer delays implementing the wage garnishment due to internal administrative issues. Consequently, Sarah doesn’t receive her first payment until nearly two months after the order was issued.
Scenario 3: Voluntary Compliance
Emma and David agree that David will make child support payments directly to Emma without a wage garnishment. David promptly sets up an automatic bank transfer, ensuring Emma receives the first payment on the court-specified date. This scenario reflects a smoother process but relies heavily on David’s cooperation and organization.
Contact Primus Family Law Group for Help
Each situation is unique, and various factors can affect the timeline for child support payments. If you’re facing delays or complications, don’t hesitate to reach out to Primus Family Law Group for a free 30-minute phone consultation. Our team of California Certified Family Law Specialists is here to provide you with the expertise you need during this challenging time. We can guide you through the process, help address any issues that arise, and work towards ensuring that support payments are received as promptly as possible.