After a child support order has been issued, monthly child support payments are enforceable by the courts. Unfortunately, there is no way to ensure the non-custodial parent actually pays their child support obligations. In California, child support that goes unpaid must be paid back and will come with a 10 percent interest rate per year. The only way a non-custodial parent can stop child support payments is if they sign over their parental rights, the child turns 18 or 19, or if the child is no longer attending school full-time.

Enforcing Child Support

Once the support order is established, there are several methods a custodial parent can use to enforce the payment or collection of child support – including overdue payments. These include:

  • Filing a Motion for Contempt – California courts will enforce child support orders and hold the non-paying parent in contempt of court. If that parent is held in contempt, it means a family court judge believes that they have disobeyed their child support order. Contempt can be done civilly or criminally – if criminally, the parent may face fines or even jail time. There is a statute of limitations for contempt, which is three years from the date a payment became overdue. Therefore, custodial parents need to file their motion quickly to enforce child support payments.
  • Judgment Lien – A lien on real property will prevent the non-custodial parent from selling real property or obtaining a loan until the lien is satisfied.
  • Wage Garnishment – Sometimes the courts will garnish the non-paying parent’s wages to collect past-due and future child support payments.
  • Payment from Benefits – The courts can request that delinquent child support payments be taken from a parent’s pension, veteran’s benefits, community property, social security benefits, unemployment, workers’ compensation, or lottery winnings.
  • Sale of Property – In some cases, the courts may require the delinquent parent to sell property in order to pay back past due child support.

Penalties for Non-Payment

In addition to enforcement, the courts can inflict certain penalties to encourage a parent to catch up on past-due obligations, as well as not default on future child support payments. These penalties can include:

  • Fining the parent up to $1,000
  • Sentencing the parent up to 5 days in jail
  • Requiring the delinquent parent serve 120 hours of community service for first offense and up to 240 hours for subsequent offenses
  • Reporting delinquent child support payments on the parent’s credit report
  • Suspending a delinquent parent’s driver’s license, professional license, and occupational license until past due child support payments are taken care of

Do You Have Questions About Back Child Support? Contact Sarieh Family Law Today

If you have questions about back-owed child support or enforcing your child support order, contact Sarieh Family Law for a free 30-minute consultation. We can help you explore your options for child support enforcement. Call us at 714-542-6200 to schedule your appointment or fill out an online contact form.