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Legal options for enforcing unpaid child support

On Behalf of | Sep 26, 2024 | Child Support |

California has strict laws that make sure that parents who have custody of their children can get back child support payments that are past due. Parents can go after missing child support even years after the court made the original order because there is no time limit on doing so. This shows how strongly the state feels about making sure kids get the money they need.

Wage garnishment

One of the most common ways to enforce unpaid child support is through wage garnishment. The law allows for an automatic deduction of child support payments directly from the non-paying parent’s paycheck. Family courts and the Department of Child Support Services (DCSS) work together to hold parents who don’t pay child support responsible. 

Liens on property

If wage garnishment isn’t enough, the custodial parent can request that the state place a lien on the non-paying parent’s property. This can include real estate, vehicles, and even bank accounts. A lien prevents the non-paying parent from selling or refinancing their property until the child support debt is paid off.

Intercepting tax refunds and other payments

California law also allows for the interception of federal and state tax refunds to collect unpaid child support. If the non-paying parent is expecting a tax refund, the state can redirect it to pay off the child support debt. The state can intercept lottery winnings and unemployment benefits to satisfy unpaid support.

Suspension of licenses

Another option is the suspension of the non-paying parent’s driver’s license, professional license, or even recreational license (like hunting or fishing). The threat of losing these privileges often encourages parents to catch up on missed payments.

Contempt of court

If all else fails, the custodial parent can file a contempt of court action. This serious legal step can result in fines, and in extreme cases, the non-paying parent may face jail time. Courts take child support obligations seriously, and ignoring them can lead to harsh penalties.

Final steps to secure support

California provides several strict measures to enforce unpaid child support, ensuring that parents fulfill their financial duties. These tools help custodial parents recover owed funds and maintain stability for their children.

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