Consequences of Failing to Pay Child Support in California
Consequences of Failing to Pay Child Support in California
Failing to pay court-ordered child support in California can lead to serious legal and financial consequences. The California family court system enforces strict compliance with child support obligations to ensure that children receive the financial care they are entitled to. At Law Office of Cierra Esq, APC, we help clients understand their rights and obligations and work to resolve child support issues in a way that protects their future and the well-being of their children.
Legal Enforcement Actions
When a parent falls behind on child support payments, the California Department of Child Support Services (DCSS) may take enforcement actions, which can include:
- Wage Garnishment: The most common enforcement tool. A portion of the parent’s paycheck may be automatically withheld and applied to past-due child support.
- Bank Account Levies: DCSS can seize funds from bank accounts to cover arrears.
- Tax Refund Intercepts: Federal and state tax refunds may be intercepted and applied toward overdue support.
- License Suspensions: Driver’s licenses, professional licenses, and even hunting or fishing licenses can be suspended for non-payment.
- Property Liens: A lien may be placed on the parent’s real property, such as a home or land.
Criminal and Civil Penalties
Failure to pay child support can also result in civil or even criminal penalties:
- Contempt of Court: A judge may hold a non-paying parent in contempt of court, leading to fines or jail time.
- Misdemeanor or Felony Charges: In severe cases, willful failure to pay child support can lead to criminal prosecution under California or federal law.
- Interest Accrual: Unpaid support accumulates interest at 10% annually, which can significantly increase the total owed over time.
Damage to Credit and Travel Restrictions
- Credit Reporting: Past-due child support is reported to credit bureaus, potentially damaging the parent's credit score.
- Passport Denial: If arrears exceed $2,500, the U.S. State Department can deny the issuance or renewal of a passport.
Addressing Financial Hardship
If you’re unable to pay child support due to a change in circumstances, it’s essential to seek a modification of the existing order. Simply not paying is not a legal solution. Courts require formal modification based on proof of reduced income, unemployment, or other financial challenges.
How the Law Office of Cierra Esq, APC Can Help
If you’re facing enforcement actions or struggling with child support issues in California, the Law Office of Cierra Esq, APC can provide legal assistance. We work to protect your rights, help you pursue or contest modifications, and guide you through the legal system to find a workable solution.