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The Professor Nedley Series

Collection From the Self-Employed's

April 1, 2007

Family Code §5241 (f)

        It is sometimes very tough to collect from the self-employed parent.  They just don't cooperate with the spouse.  Well §5241 is an enforcement section to be used against the non-cooperating employer BUT why not use it against the person that is working for him or herself?

        §5241 (f) permits the court to make an order permitting a direct electronic transfer from the "employer's" bank account.  This applies in cases where the employer willfully fails to comply or has simply failed to comply three times within a 12-month period.  Penalties may also be assessed for continued non-compliance.  Why not use it where the parent is both the employer and the employee.  It can possibly be taken one step further where the non-paying parent could be deemed to be working for some third party who has innocently hired him/her to work directly for the proverbial "cash" job.  Seems like an easy order for the court to make directing some third party  to make direct payments from their bank account.  We just need to broaden the de3finiktion of "employer".

        Strikes the PROFESSOR that this amendment added in 2001 could be a little tiny bullet to aim toward solving the problem of collecting from those parents who make their money hard to reach.