Child Support and the Punishment for Failure to Pay

At the Orange County Law Office of David P Schwarz we have defended many clients who have been charged with failure to pay child support and face a harsh criminal punishment as a result. Please contact our law office immediately for a consultation at 949 735 9266 or via the web. We can also be reached quickly at dpslaw66@gmail.com

A child support lawyer will represent to the child support court that his client has made every effort to maintain shelter and clothing for their child. The Child Support Court will look to certain statutory criteria to see if a parent of a minor child willfully fails to furnish necessary clothing, food, shelter or medical needs. In order for the client to adequately defend their position that they did provide clothing and basic necessities for their child they must show the court they have done so and have a legal excuse they can provide the court.

An Orange County lawer will be able to argue under the statute that providing other remedial care for his or her is acceptable to the child support court. The case law in the state of California has shown that praying for your child who is suffering medical crisis is acceptable other remedial care and would be a legal excuse to not providing medical treatment for your child.

The Child support lawyer will argue that any penalty given by the child support to their client has to be reasonable and or very limited. The child support lawyer can also argue for a probation for their client to avoid any jail or fines. The child support Court can follow the statute for failure to provide for their child and find the client guilty of a misdemeanor and fine the client. In addition, the Judge can send the client to jail for failing to provide necessities for their child.

However, if after the client is found have not complied with a court order that states they must provide for their child the Judge can and will place the client in jail or give them a financial sanction.

At the Law Office of David P Schwarz we will argue that often the child is being cared for by a competent individual who could be the custodial parent and the child is doing fine and all their needs are met. However, the Judge does have the statutory authority to still render punishment both criminal and civil including jail and sanctions to that parent who fails to provide for their child.

A child support attorney will make sure their client present the best defense possible to any failure to provide charges. They will show the Court that they are financially unable to pay for the basic needs of their child. However, the Court can look at all statutory requirements in deciding if the parent failed to provide. They will consider all income, including social insurance benefits and gifts.

At the Law Office of David P Schwarz we have provided a strenuous defense to all allegations of failure to provide support for our clients In the Orange County Child support court. Please call us at 949 735 9266 or via the web. We also can be reached by email at dpslaw66@gmail.com