If you are a parent who is owed child support in California, it can be devastating when your ex-partner fails to pay. Regrettably, non-payment of child support happens far too often and can leave families struggling to make ends meet. You may be wondering what happens if you don’t pay child support—and more importantly, what you can do if you’re on the receiving end of this situation. When your ex doesn’t pay child support, it can put a real strain on your household finances and emotional well-being.
Fortunately, there is a way to enforce a child support order if this happens to you. In this blog post, our child support lawyer team shares what to do when your ex refuses to pay child support and how California courts can help ensure you receive the support you’re owed.
If your ex is refusing to pay child support, understanding the legal options available is crucial to protect your child’s financial security.
Child Support Order
Collecting any owed child support may be more difficult if a judge never issued a child support order. Oral or written agreements that a judge has not approved are not legally binding. You can, however, take legal action to collect any child support owed to you if your child support agreement was approved in court. It can be especially frustrating when my ex refuses to pay child support despite a court order, but legal enforcement options are available.
Filing a Motion for Contempt for Non-Payment of Support
A court order holding the non-paying parent in contempt for non-payment of support is the primary means of enforcing a child support order. You must file a written Motion for Contempt for Non-Payment of Support within three years from the date the payment was due. One of our Seabrook Law Offices child support lawyers can assist you with filing this Motion.
Once you file your Motion for Contempt, the Court will hold a hearing. If the judge determines the non-paying parent willfully disobeyed the child support order, the non-paying parent will be held in contempt of court and may face civil or criminal penalties.
Common Enforcement Options in California
If the Court finds that your ex-partner owes back child support, it may order one or more of the following enforcement options:
- Garnish wages: The Court may order your ex’s employer to withhold a portion of their wages and send it directly to you.
- Suspend licenses: The Court may suspend your ex’s professional license or hunting/fishing license until they pay what they owe.
- Passport denial: If your ex falls behind on their payments by a certain amount, the U.S. State Department may deny their passport renewal application.
- Property liens: The Court may place a lien on your ex’s property, preventing them from selling or refinancing it until they satisfy their outstanding child support debt.
- Earning withholding orders: An earnings withholding order allows the government to intercept federal and state tax refunds and any other payments owed to your ex-spouse (e.g., lottery winnings).
- Legal fees: The Court can order your ex to pay your legal fees going back to your first attempt to collect back payments.
- Sale of property: The Court may order the sale of your ex’s property to make back payments.
- Jail time: Being in contempt of court could mean jail time for your ex-partner.
If you’re asking yourself, what happens if you don’t pay child support, the answer is clear: serious consequences. California’s legal system has a wide range of tools to enforce child support and hold delinquent parents accountable. These are just a few penalties that a California court can impose. However, there are potential federal penalties based on how much money is owed and whether the non-paying party intentionally attempted to avoid making payments. Federal cases carry the harshest penalties, but state courts cannot impose them. If your financial or parenting issues stem from a previous agreement about assets or custody, it’s important to review any existing prenup and postnuptial agreements, which can impact how support obligations are interpreted or enforced.
Other Penalties for Non-Payment of Child Support
A parent who is 30 days or more behind on child support payments may face problems with the Department of Motor Vehicles (DMV), which may refuse to issue or renew their driver’s license. They can get a temporary license for 150 days to catch up, but if their payments are still not up to date, the DMV can refuse to reissue or renew their full driver’s license.
The Department of Child Support Services also monitors and reports delinquent parents to national credit reporting agencies, which could lead to a poor credit rating.
If you’re wondering what happens if you don’t pay child support for an extended period, it’s important to know that the consequences go beyond the courtroom. Long-term financial and legal penalties can affect employment, credit, and even your ability to travel.
What Happens If My Ex Moved Out of State?
Two laws require states to enforce the child support orders of other states and provide regulations for doing so. The Full Faith and Credit for Child Support Orders Act is a federal statute with three major provisions:
- Child support orders entered into in other states must be recognized by all states.
- If another state has a recognized child support order in the same case, the state cannot enter a new child support order.
- Child support orders entered into in another state must be enforced by state authorities.
The Uniform Interstate Family Support Act is the second applicable law and has been adopted by all states. Child support orders can still be enforced due to these two acts, even if the parent subject to the order moves out of state. If your ex-partner has relocated out of state and has failed to pay their court-ordered child support, your child support lawyer can advise you on what to do next.
Thanks to these laws, not paying child support in California can still have legal consequences—even if the non-paying parent relocates. In such cases, it’s especially beneficial to consult with both a child custody lawyer and a child support attorney to coordinate interstate enforcement strategies. A family law attorney can help you navigate this cross-state enforcement process.
Final Thoughts
Dealing with an ex who doesn’t pay child support can be stressful and financially challenging, but California’s legal system provides multiple enforcement tools to protect your rights and ensure your child receives the support they need. If your ex is refusing to pay child support, it’s important to act quickly by consulting a knowledgeable child support attorney who can guide you through filing motions, garnishments, or other legal remedies. Taking action not only helps recover past-due support but also establishes accountability, protecting your family’s financial stability for the future.
Frequently Asked Questions
What legal actions can I take if my ex refuses to pay child support in California?
If your ex-partner is not paying child support, you can file a Motion for Contempt in California courts. This legal action can lead to various enforcement measures, including wage garnishment, property liens, or even jail time for the non-paying parent. It’s advisable to consult with a family law attorney to navigate this process effectively.
How can I enforce a child support order if my ex has moved out of state?
California has mechanisms in place to enforce child support orders across state lines. The Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act allow California courts to enforce child support orders even if the non-paying parent resides in another state. Legal assistance may be necessary to initiate enforcement in another jurisdiction.
What are the potential consequences for a parent who fails to pay child support in California?
Parents who fail to pay child support in California may face serious consequences, including wage garnishment, suspension of professional licenses, denial of passport renewal, and even jail time. Additionally, unpaid child support can negatively impact the non-paying parent’s credit rating. Courts take non-payment seriously and have various tools to enforce compliance.
Can I modify a child support order if my ex is not paying?
If your ex is not paying child support, you may request a modification of the child support order. However, modifications are typically based on a substantial change in circumstances, such as a significant change in income or custody arrangements. It’s essential to present compelling evidence to the court to support your request for modification.
How can a family law attorney assist me in enforcing child support?
A family law attorney can provide invaluable assistance in enforcing child support by helping you navigate the legal system, filing necessary motions, representing you in court, and ensuring that all legal procedures are followed correctly. Their expertise can increase the likelihood of successfully obtaining the child support owed to you.
