Child Support Enforcement in California: What Every Parent Should Know

child support enforcement in california

Ensuring children receive the financial support they need is a top priority in California. When parents separate or divorce, both are still legally required to contribute to their child’s upbringing, typically through child support payments. California has established a robust child support enforcement system to ensure payments are collected reliably and distributed effectively.

Understanding how child support enforcement works in California, from setting up support orders to enforcing payments when they are missed, can help parents navigate their rights and obligations. This article will explore the basics of child support enforcement, common methods to ensure payments are made, and options available to parents who face difficulties meeting their support requirements.

Establishing Child Support Orders in California

The court must first order child support before it can be enforced. California’s Department of Child Support Services (DCSS) assists parents in establishing child support orders and ensuring they align with state guidelines. The courts consider factors like each parent’s income, the time each parent spends with the child, and each child’s specific needs.

Once established, child support orders outline the monthly payment obligations for the non-custodial parent (often the parent who does not have primary custody). If circumstances change, the custodial parent or DCSS may request adjustments to the support order over time. When parents disagree on support terms, the courts decide based on the child’s best interest and California’s statutory guidelines.

The Role of California’s Child Support Services in Enforcement

California’s DCSS handles most enforcement cases to ensure that payments are collected and disbursed correctly. DCSS provides a range of enforcement options that allow custodial parents to receive the child support payments they are owed. The agency has several enforcement tools to manage missed or late payments, and it works with both custodial and non-custodial parents to ensure that child support payments are made as ordered.

  • Locating the Non-Custodial Parent — If a parent cannot be located, DCSS has access to federal and state databases that help find the non-custodial parent.
  • Establishing a Legal Obligation — DCSS helps establish paternity if it is not acknowledged, which is often necessary for obtaining a child support order.
  • Modifying Support Orders — In cases of job loss, income changes, or other life events, DCSS can help modify orders to reflect current financial situations.

Common Child Support Enforcement Methods in California

The state uses a range of enforcement mechanisms to collect payments. Here are some of the primary methods used:

  • Wage Garnishment — One of the most common child support enforcement methods is wage garnishments. These allow DCSS to deduct payments directly from the non-custodial parent’s paycheck. Employers are legally obligated to comply with wage garnishment orders and send payments directly to DCSS, which then forwards the funds to the custodial parent.
  • Interception of Tax Refunds — California may intercept federal or state tax refunds to cover unpaid amounts if the non-custodial parent is behind on child support.
  • License Suspension — DCSS can suspend a parent’s driver’s or professional license if the parent fails to make child support payments. This suspension remains in effect until the parent addresses the overdue balance or makes satisfactory arrangements with DCSS.
  • Property Liens — The state can place liens on property owned by the non-custodial parent, including real estate and vehicles. Once a lien is in place, the parent cannot sell or refinance the asset without first paying off the lien.
  • Passport Denial — If a parent owes more than $2,500 in back child support, they will be denied a passport. This denial will remain in effect until the overdue balance is paid to an acceptable level.
  • Seizure of Bank Accounts — DCSS can place a hold on the non-custodial parent’s bank account to seize funds for child support payment. This method is typically used only after other methods have failed and often requires prior notice.

When Child Support Payments Are Missed

When a non-custodial parent misses child support payments, they incur arrears, meaning they owe a debt to the custodial parent or child. California courts take these arrears seriously and may add interest to the amount due. Unpaid child support accrues 10% annual interest on the balance. This can significantly increase the total amount owed if payments are missed for an extended period.

If a parent continues to avoid payments, the custodial parent can request a court hearing, where a judge can impose further penalties, order immediate payment, or require the parent to make up the arrears in installments. If the non-compliance persists, it can lead to contempt for court charges. If the non-custodial parent continues disregarding the court’s orders, this may result in additional fines or jail time.

Options if You are Unable to Make Payments

California recognizes that financial situations can change, and the non-custodial parent may not always be able to meet their child support obligations. The non-custodial parent can file a request to modify the support order if they can prove a significant change in circumstances, such as job loss, medical issues, or other major financial shifts. California courts evaluate these cases individually to determine whether the support amount should be adjusted.

It is also helpful to communicate directly with DCSS if you struggle to make support payments. Doing so may prevent enforcement actions if the agency can provide payment alternatives or a reprieve. They can help arrange payment plans that allow non-custodial parents to gradually catch up on overdue amounts without facing further penalties.

When Both Parents Collaborate on Child Support

While enforcement actions are available for missed payments, California also encourages parents to work together to resolve issues without involving the court. For example, parents who share custody can negotiate shared expenses and reduce the need for strict enforcement measures.

Parents with unpaid support may want to look into California’s Compromise of Arrears Program (COAP). If conditions are met, COAP can forgive some of the support owed.

Turn to Azemika & Azemika for Your Child Support Enforcement Questions

Child support enforcement is a crucial process that helps ensure California’s children have access to the necessary resources. With effective mechanisms, California enforces child support orders fairly and effectively. Consulting with an experienced family law attorney can provide valuable guidance for parents unsure about their rights or obligations.

Whether you’re receiving or paying child support, Azemika & Azemika is here to help. Our team has spent the last three decades practicing family law exclusively. We understand California child support enforcement laws and will help you develop a strategy tailored to your unique situation, whether you seek enforcement or need a modification.

Contact us today for a consultation.