Common Ways Some Parents Try to Hide from Their Support Obligations
Child Support, Debt

Common Ways Some Parents Try to Hide from Their Child Support Obligations

Child support to ensure the care and well-being of your children is a critical financial obligation. California Family Courts follow uniform guidelines established under state law to calculate a parent’s child support obligation. The court’s child support order is legally binding and avoiding or ignoring it has serious consequences.

Unfortunately, some parents try to avoid this obligation by employing various means to “hide” assets or defraud the system and their children. California Attorney Judy L Burger is a Certified Family Law Specialist who can help you if you suspect a former spouse is trying to hide from their court-appointed support obligations.

Examples of California Child Support Fraud

Providing incorrect information to the family court about your income is child support fraud. For example, a non-custodial parent may try to hide income from various sources and report a lower amount to the court in order to obtain low support payments. Also, a custodial parent may try to hide income to get more money from the other parent.

Here are some common examples of child support fraud:

  1. Underreporting Income: Reporting incorrect income amounts and sources on tax forms and other documents.
  2. Working for Untraceable Cash: Working a job that pays in cash so there is no paper trail to prove the income.
  3. Quitting a Job: Resigning from a job so you have no income to report.
  4. Opening Accounts In a Family Member’s Name: Hiding assets in accounts in someone else’s name so they do not appear in your personal asset list.
  5. Concealing Funds in Cryptocurrencies: Hiding assets in cryptocurrencies to complicate how these assets are tracked or reported.
  6. Transferring Funds to Offshore Accounts: Hiding assets in overseas accounts that are not subject to United States or California reporting obligations.
  7. Shielding Funds Through Shell Companies: Establishing complex legal entities to hide assets and avoid an accurate reporting of your income.

The Law Offices of Judy L. Burger uses sophisticated forensic accounting methods and other investigative techniques to uncover hidden assets and income sources. If you suspect your spouse is employing fraudulent means to escape their child support obligations, contact one of our offices near you to schedule a consultation.

Possible Penalties for Avoiding CA Child Support Obligations

California child support orders are legally enforceable under the law and carry stiff penalties when violated. Those found guilty of ignoring or committing fraud to avoid their support obligations may face several different enforcement actions that can include:

  • Credit bureau reporting
  • Suspension of driver’s license or passport
  • Revocation of professional and occupational licenses
  • Bank and property liens
  • Appropriation of tax refunds
  • Appropriation of lottery winnings
  • Asset seizures
  • Imprisonment (contempt of court is a criminal offense)

The Golden State offers several programs to help if you have legitimate problems meeting your child support obligations. Don’t wait until you get seriously behind in your payments; contact your local child support office immediately to inquire about your options. Attorney Judy Burger can also help you with support modification requests and other legal remedies.

A California Certified Family Law Specialist Can Help You Get What You Deserve

Attempting to hide assets to get higher child support payments from your spouse and hiding assets to prevent paying your fair share are both fraud. CA Family Law Specialist Judy L. Burger fights tenaciously for the care and well-being of innocent children and hurting families. She and her team can help you get the support you deserve from offices throughout California. Ms. Burger can also help you if your circumstances have changed and cause problems meeting your child support payments.

Contact The Law Offices of Judy L. Burger in Beverly Hills, Gold River, San Diego, San Francisco, San Jose, Oxnard, San Rafael, or Santa Barbara to schedule a consultation.

Child Support

Health Insurance and Child Support in California

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The requirement to provide child support in California does not extend only to the requirement to provide financial support for the child. Pursuant to federal law, California has the additional requirement that health insurance coverage be provided as an additional form of support for all children.

The requirements that exist in the world of court-ordered child support are very specific and detailed. The state has become involved in maintaining the well-being of the child, and the state will ensure that the people responsible for that child – the parents – do so in a fair and comprehensive fashion. To that end, federal law mandates that states develop child support guidelines that apply in all cases and that clearly cover a child’s needs. The guidelines require support based upon the financial status of the parents, both custodial and non-custodial. 45 C.F.R. § 302.56.

A child support order from the court has numerous elements that may be specifically included as additional costs, such as child care costs related to employment, reasonable healthcare costs, educational or special needs of the child, and visitation expenses. The need to provide for healthcare costs is important for the proper care of a child.

Because both parents share an equal responsibility for providing care of their child, both parents share an equal responsibility for providing health care for a child. This means that both parents are responsible for their proportional share of costs for medical services, including emergency medical services. The costs for those services must be reimbursed to the parent who covered the expenses. Cal. Fam. Code § 3750 et seq.

The health care that must be provided for the child may be self-purchased or provided by a parent’s employer. If the insurance is obtained through the parent’s employer, that employer may not place restrictions on the child’s coverage such as the residency of the child, the marital status of the child’s parents, or the child’s dependency status on the parent’s tax returns. Cal. Fam. Code § 3750 et seq. The coverage obtained must include dental and vision services as well as medical coverage.

The proper care and responsibility for a child goes beyond simply providing shelter and food. For a child to grow into a healthy adult, he or she needs proper medical, dental, and vision care.

If you have questions about the law on child health care in California, contact an attorney who has deep experience in family law in the Golden state. The attorneys at the Law Offices of Judy L. Burger have the experience you need. Call today to see how we can help: (415) 293-8314.

Child Custody

Can a Court Require a Deposit of Assets from a Parent to Secure Child Support Payments?

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It is difficult being a child these days, and it is equally difficult being responsible for the care and maintenance of a child. The responsibility for the care and maintenance of children falls equally upon both of their parents, whether either of them have actual custody of those children or not. There are times when one or both parents neglect this responsibility, and in those cases, the courts will often be required to step in and order the neglectful parent to perform their parental duties.

California courts have many tools available to them to meet their responsibility to make decisions in the best interest of the child. Either or both parents may be ordered to pay child support for their children. If necessary, the courts can get creative to ensure the obligation has been met. In specific circumstances, for a person who has been ordered to pay support who has not paid that support, the court can order the deposit and sale of assets. Cal. Fam. Code § 4610 et seq.

Under California law, if an individual who is responsible for paying child support does not do so for over 60 days, the court can order the deposit and eventual sale of that person’s assets to cover the cost of delinquent child support. This action of the court is one that can be taken if the parent is unable to show that the failure to pay support was not willful or in bad faith, and that the parent did not have the means to make the required child support payments. Cal. Fam. Code § 4611.

An order requiring the deposit and sale of assets is a serious measure for a court to take, but it is not done without the responsible parent having the opportunity to respond to the order and to take actions to convince the court not to enter the order. There are numerous grounds whereby an individual can convince the court not to enter such an order, such as illness, disability, or other circumstances that would make the order unjust, and there will always be a hearing prior to such a decision by the court. Cal. Fam. Code §§ 4610, 4612.

Having children is not a decision to take lightly, and doing so creates a responsibility that stays with you for your lifetime. If you or someone you know is faced with a failure to receive the child support to which you are entitled, a good attorney can help make sure the children you are responsible for are supported as they are entitled to. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.
Child Support

Can a Court Require Security for Child Support From a Parent?

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Divorce is a complicated and confusing place to find oneself. Once a child is involved, the confusion and complication become magnified, and no longer is the court solely interested in finding an amicable solution that meets the needs of the spouses. Instead, the court becomes predominantly concerned with what is in the best interest of the child. In most divorce situations involving children, child support is an issue. It is the court’s responsibility to ensure that the child who is supposed to receive this financial support does in fact receive it.

In any type of legal action, there is always a chance that the person who ordered by a judge to do something will choose not to do it. This is no different in the case of child support. As much as we may like to believe that parents will act in the best interest of their children, that is not always the case. Because of this fact of human nature, California courts have the ability, upon a showing of good cause, to order that the parent who is required to pay child support post a security with the court. Cal. Fam. Code § 4012.

The amount of the security that can be required by the court is capped at the total support payment that the parent would pay over the next year, or an earlier time if the child support is scheduled to end in less than one year. These funds are held in an interest-bearing account and are available to the child if the parent who is required to pay fails to do so. Cal. Fam. Code § 4560.

Should the court-mandated child support not be paid, funds can be released from the account when payment is 10 days late, and the court will then require that the parent who is required to maintain the security account replace those funds. Cal. Fam. Code § 4570 et seq.

Once a court is involved in maintaining the best interest of a child, it will exercise the full extent of its ability to ensure that children are properly cared for and that the parents truly share the responsibility of having children. These requirements are designed to look after the best interest of the child, but they are not designed to be punitive in nature. For that reason, if a parent can prove undue financial hardship, the obligated parent may sometimes reduce the amount of money placed into the security fund. Cal. Fam. Code § 4565 et seq.

Divorce can be a messy place to find yourself, but you can rely on the California court system to do its best to ensure that the innocent bystanders – the children – continue to have the support they deserve from both parents.

If you want to learn more about the legal requirements for child support security and how they apply in your case, contact the attorneys at the Law Offices of Judy L. Burger. We can help. Call us today to make an appointment: (415) 293-8314.
Child Support

What Mandatory and Discretionary Add-Ons Are There for California Child Support?

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Most of the time, a noncustodial parent is responsible for child support because daily child care and expenses are vested in the custodial parent. This, however, is not a hard-and-fast rule.

The determination of child support in California is based on a complex calculation that takes into account the parents’ incomes, the time spent by each parent with the child, the standard of living for the child, the custodial arrangements, and each parents’ tax deductions.

The state-wide formula is applied for determining child support in California. Courts and family law attorneys customarily use this method to arrive at an appropriate number to be paid as child support. However, sometimes additional benefits over and above the “base rule” are made. This is done by providing for what are known as mandatory and discretionary “add-ons.”

The additional mandatory add-ons under California Family Law Code § 4062 typically include child care costs related to training for employment skills or requiring education to secure employment, as well as all reasonable healthcare costs for the child that are not covered by insurance, such as co-pays, prescription drugs, vision care, dental care, and orthodontic care.

Under the very same legislation, discretionary child support may also be granted, keeping in mind specific educational costs (such as those required to facilitate extra-curricular and recreational activities) and other special needs of the child, as well as travel expenses incurred during visitations.

Usually, both parents are responsible for sharing the mandatory and discretionary add-ons equally; however, in cases of a stark income gap between the two parents, the higher earning parent may be held responsible for greater obligations. This is calculated separately in accordance with Family Code § 4061(b).

There are rarely any changes made to the child support amount—not even when one of the parents re-marries.

Child support cases are not easy to understand and analyze. A trusted, experienced family law attorney can make a significant difference in how you deal with this intimately personal crisis.

The attorneys at the Law Offices of Judy L. Burger are experienced in child support matters. Call today to see how we can help you: (415) 293-8314.