What Happens if You Don’t Pay Child Support?

California family law requires both parents to support their children. In most cases, the parent who has primary physical custody of the children contributes a significant portion of their resources by default, while the parent who does not have primary physical custody is often ordered to provide child support through monetary payments to the custodial parent. Child support orders in divorce are court-ordered legal obligations that are not to be taken lightly or deviated from without court approval. Failure to pay child support can have serious consequences for the delinquent parent. If you’re dealing with child support payment issues, a Stockton child support lawyer can assist you. 

The Child Support Obligation  

Child support orders are primarily governed by California Family Code Division 9, which sets out child support obligations and enforcement mechanisms. Generally, child support continues until either (1) the child turns 18 or (2) the child turns 19 and is still in high school and is not self-supporting. The obligation to pay child support does not end if a parent loses a job or experiences a financial hardship; it continues unless and until the parent obtains a child support modification. The amount of child support a parent will have to pay depends on many factors, such as income, the number of children, and the percentage of time each parent spends with the children, among others. 

Financial Consequences 

Failing to pay child support does not, in and of itself, result in contempt of court (though it can, as explained below). Instead, the consequences look similar to those for failure to pay other types of debt. Some of the most significant financial consequences include: 

• Automatic interest: Unpaid child support accrues interest at 10% per year, similar to how interest operates on credit cards. Interest can significantly increase the amount owed over time, and interest continues to accrue until the full amount is paid — even if the original child support obligation has ended. 
• Civil penalties: In particularly egregious instances of noncompliance with child support orders, the person to whom child support is owed may serve a notice of delinquency, under which the delinquency will incur an additional penalty of 6% per month if not cured.
• Wage garnishment: Family law courts typically issue incoming withholding orders with child support orders wherein the obligor’s employer automatically deducts child support payments from their pay. But if that is not the case, the obligee parent can request an income withholding order, which will begin the garnishment process. 
• Denied tax refunds: The Department of Child Support Services (DCSS) can intercept federal and state income tax refunds and divert them to child support obligations.
• Liens: DCSS may also place liens on a non-paying parent’s property, vehicles, and bank accounts. 

As you can see, failing to pay child support can be costly. If you’re having trouble either paying or collecting child support, a Stockton child support lawyer can assist you. 

Administrative Consequences

The consequences for non-payment of child support go beyond the financial. In some cases, DCSS can seek suspension of state-issued licenses, including driver’s licenses, for parents who are delinquent in child support payments. Suspension occurs only after notice and an opportunity to request review, but if implemented, the obligor must pay arrears or establish a payment plan to lift the suspension. At the federal level, the State Department may deny, revoke, or fail to renew the obligor’s passport if the amount owed is $2,500 or more. While these consequences are not strictly financial, they can have severe financial effects, as a suspended driver’s license can negatively impact one’s ability to work. If you’re facing a license suspension, you should consider speaking to a Stockton child support lawyer. 

Contempt of Court 

If a parent has the ability to pay child support but is willfully failing to comply with a child support order, the obligee parent (or DCSS) may request the court to hold the obligor parent in contempt. Judges have discretion in deciding which penalties will “purge” the contempt, but the most common penalties are fines and community service. In particularly egregious cases — such as where the parent has a history of ignoring court orders or prior enforcement efforts have failed — penalties can include jail time, although courts typically use this option only as a last resort. After all, incarceration can significantly compromise the obligor parent’s ability to pay. 

What to Do if You’re Having Trouble Paying Child Support

The most important thing to remember if you’re having trouble paying child support is that you should never just stop paying. Child support orders are court orders, and as we’ve shown, violating them can lead to serious consequences. But parents who are having trouble paying child support are not without recourse. The best way to deal with this issue is to seek a child support modification. 

Generally, courts modify child support orders when the requesting party can show a material change in circumstances. Some of the most common grounds for modification include:

• Job loss
• Significant reduction in income
• Serious illness or disability 
• Changes in custody or parenting time
• Incarceration of rehabilitation 

Readers should keep in mind, however, that child support modifications generally are not retroactive. Child support may be modified only from the date the request is made, not retroactively to the date of the material change in circumstances. As such, if you are having trouble paying child support, it is in your best interest to request a modification as soon as possible rather than letting arrears pile up. 

Get Back on Track With Help From a Stockton Child Support Lawyer 

If you’re dealing with a child support payment issue — whether as the parent with the obligation to pay child support or as the recipient parent — you should consider working with experienced legal counsel to minimize the consequences thereof. For more information about child support and modifications, please contact a Stockton child support lawyer at McKinley, Conger, Jolley & Galarneau via our online form or by calling 209-477-8171.