How Is Child Support Enforced in California?

Not paying court-ordered child support has serious consequences in California. Here’s what happens and what you can do.

Enforcement Methods

1. Income Withholding Order (Wage Garnishment)

The most common enforcement method. The court orders the paying parent’s employer to deduct child support directly from their paycheck. – Happens automatically with most child support orders – Up to 50–65% of disposable income can be garnished – Employer must comply or face penalties

2. Tax Refund Intercept

The California Franchise Tax Board (FTB) and IRS can intercept federal and state tax refunds to pay overdue child support.

3. License Suspension

California can suspend: – Driver’s license – Professional licenses (contractor, real estate, nursing, etc.) – Passport (for arrears over $2,500)

4. Contempt of Court

The receiving parent can file a contempt motion. If found in contempt, the non-paying parent can face: – Up to 5 days in jail per violation – Fines – Payment of the other parent’s attorney fees

5. Bank Levies

The Department of Child Support Services (DCSS) can levy bank accounts to collect overdue support.

6. Credit Reporting

Unpaid child support is reported to credit bureaus, damaging the non-payer’s credit score.

7. Property Liens

Liens can be placed on real property, vehicles, and other assets.

What If You Can’t Pay?

DO NOT just stop paying. Instead: 1. File for modification immediately — Superior Court Docs can prepare your petition 2. Document your changed circumstances — Job loss letter, medical records, etc. 3. Keep paying what you can — Partial payment shows good faith 4. Contact DCSS — They may be able to adjust your payment plan temporarily

Remember: The court can only modify support going forward from your filing date — not retroactively. The longer you wait to file, the more arrears accumulate.

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