In California, both parents are financially responsible for their children, regardless of whether they are unmarried, divorced, or separated. Child support payments help the parent with primary custody cover essential expenses like food, housing, medical care, and education. Payments should be made in the specified amount and on the dates set by the divorce or separation agreement.
Compliance with a child support order is not optional, and not paying can lead to serious legal consequences. If payments are missed, the court can issue an arrest warrant, and the parent failing to pay child support could face criminal charges and lead to jail time. If your child’s other parent refuses to pay child support, you can take legal action to protect your rights.
Consequences of Not Paying Child Support
- Withhold Wages — The Family Support Act of 1988 ensures that child support payments are automatically withheld from the parent’s wages if the parent owes support to the custodial parent.
- Penalties and Interest —Failing to pay child support can lead to significant financial penalties. If you fall behind payments for more than 30 days, you may incur a penalty of 6 percent per month on the unpaid amount, which can accumulate up to 72 percent. These penalties can escalate quickly and increase your debt, making it even more challenging to catch up on payments.
- Property Lien — A lien can be placed on any personal property owned by the parent owing child support. This includes homes, vehicles, bank accounts, and retirement funds. This legal claim allows the government to use the assets as collateral if the debt remains unpaid.
- Tax Refund Denial —If the paying parent owes child support, the government may deduct any unpaid child support debt directly from their tax return to pay the debt.
- Credit Bureau Reporting —Late or missed child support payments can negatively impact your credit score. The child support agency can report delinquencies to major credit bureaus. This is similar to how late credit card or mortgage payments can affect your credit rating, potentially making it harder to secure future loans, housing, or employment.
- Suspended or Revoked License — In California, if a parent fails to pay child support, their license can be suspended or revoked. This includes driver’s, professional, business, hunting, and boating licenses. These consequences can impact the ability to work in some professions or affect their commute to work. Driving privileges may be restored once a payment plan has been established.
- Passport Revocation — If more than $2,500 in back child support is owed, the U.S. government can revoke or refuse to issue the parent’s passport. This can impact travel plans, whether for work or leisure, and even affect immigration status. This restriction stays in place until the balance is paid in full.
- Contempt of Court —Failure to pay child support in California can result in contempt of court, which can carry both civil and criminal consequences. If the court finds that a parent has the ability to pay, but deliberately chooses not to, they could face criminal charges, including jail time.
To prevent severe repercussions of failing to pay child support, it’s important to act proactively. If you are having difficulties preventing you from meeting child support obligations, you should inform the court immediately and request a modification due to changed circumstances. By tackling these issues early on, you can avoid the piling up of legal and financial problems.
Child Support Payment Warrants
Civil warrants can be filed for contempt of court but are usually dismissed once the debt has been paid. However, the parent may have to pay an additional fine or face up to a year of jail time.
If the payments fall significantly behind, state or federal prosecutors may get involved in the case. This could result in a criminal warrant being issued for the parent’s arrest. In California, criminal contempt of court is a misdemeanor that could result in jail time for a year or longer.
Collecting Child Support From Your Child’s Other Parent
If the other parent isn’t paying the child support required by a court order, you have a few options to recover those owed payments. You can start by submitting an order for an Income Withholding Order, which instructs the non-paying parent’s employer to deduct support payments from their pay and send them to the State Disbursement Unit, which will then send them to you. The judge in your case likely will have signed this order as a part of your child support agreement, but if not, you can request one for the judge to sign.
You should also contact your Local Child Support Agency (LCSA) so they can intervene. They can help collect unpaid support and enforce court orders. For cases involving special needs children, it is particularly important to ensure consistent support payments to address their unique and ongoing needs.
If your child’s other parent continues not paying child support, you should seek a child support attorney. If required, an attorney can help hold the other parent in civil or criminal contempt of court and protect your rights and your child’s best interests.
Turn to The Gorski Firm for Expert Legal Assistance with Child Support Issues
Understanding California’s child support laws is crucial for your child’s well-being and avoiding significant legal and financial repercussions. You’ll want to address any difficulties with child support before they go from bad to worse.
If you’re struggling with child support payments or need help with a child support matter in Bakersfield or the surrounding area, don’t hesitate to reach out to our team of family law attorneys at The Gorski Firm. We can offer compassionate representation and effective solutions for your unique situation. We’re here to help you achieve a favorable resolution and secure a better future for you and your family.
Contact us today for a consultation.
