Child Support Enforcement: Legal Options When Payments Stop

Many parents face financial and emotional strain when child support payments are late or missing. If you rely on this support to meet your child's needs, knowing your legal rights is essential. This guide explains how child support is calculated, enforced, and what legal steps to take. By understanding this process, you can better protect your child's well-being.

What Happens If My Ex Doesn't Pay Child Support?

Although most parents want to support their children, some parents refuse to pay child support, even when it is court-ordered. When payments stop or become inconsistent, understanding how child support works and what legal remedies exist can help you protect your child's rights.

How Child Support is Calculated and Enforced

In California, child support is calculated based on a formula that considers both parents' incomes, custody arrangements, and the needs of the child to prioritize the child's best interest.

To enforce child support, there must first be an order requiring a parent to pay support. Absent a court order filed with the court and signed by a judge, there is no legal requirement to pay support. If the parents reach a mutual agreement that is found by the judge to be in the child's best interest, it may be signed by the judge and filed as an order of the court. If no agreement is reached between the parents, then the parent needing support can file an action with the court asking for child support. This can be done by a self-represented parent, by an attorney, of with the assistance of the Department of Child Support Services ("DCSS").

Once support has been established and there is a court order, there are several ways to ask the court to enforce the order due to late payments or non-payment. Enforcement can include measures such as:

• Income Withholding: Payments are deducted directly from the paying parents' wages.
• Tax Refund Redirections: Payments may be satisfied from redirected tax refunds.
• Contempt Proceedings: A parent who knowingly disobeys a court order may face other monetary penalties or jail time.

What to Do if Payments Are Late or Missing

If child support payments are late or missing, it's important to act promptly. First, verify whether the paying parent is experiencing a delay or if there is a formal issue (e.g., wage garnishment error). Make sure to keep detailed records of all missed or late payments, including dates and amounts. You may contact the DCSS to open an enforcement case, or you or an attorney can file a contempt motion in court.

When the parent entitled support files a Request for Order re Contempt and properly serves it, the court will hold a hearing. At the hearing, a judge reviews the case and decides whether the delinquent parent (the parent who has not been paying support) is in contempt. If the judge finds that the parent knowingly failed to pay, there are several penalties the court can impose.

Possible Penalties for Not Paying Child Support

If a parent is found in contempt of a child support order, the judge has different tools available to enforce payment, including:

• Jail or fines: Up to 5 days in jail and a fine of up to $1,000 for each count of contempt (judges often avoid imposing fines, so that funds can go toward support instead).
• Payment of legal fees: The delinquent parent may have to cover the other parent's attorney's fees and court costs.
• Property seizure: The court can order the sale of the delinquent parent's property, such as a house or land, to satisfy child support debts.
• Wage garnishment: Child support can be automatically deducted from the parent's paycheck.
• Bank account garnishment: The court can withdraw funds directly from the parent's bank accounts.
• Other income sources: Past-due support can also be taken from pensions, veteran's disability benefits, workers' compensation, unemployment, lottery winnings, or even community property shared with a new spouse.
• Driver's license suspension: If a parent is more than 30 days late, the DMV may refuse to issue or renew a license. A temporary 150-day license may be issued, but it can be revoked if payments remain unpaid.
• Credit reporting: Overdue child support can be reported to credit bureaus, damaging the parent's credit score.
• Interest: The court may require the parent to pay the other parent interest on past-due support at the rate of 10% per annum.

Conclusion

Non-payment of child support can place significant strain on families, but California law provides multiple avenues for enforcement and modification. Acting promptly and with proper representation is key to protecting your child's needs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.