{"id":371864,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/child-support-enforcement-in-california.html"},"modified":"2025-04-04T16:15:05","modified_gmt":"2025-04-04T21:15:05","slug":"child-support-enforcement-in-california","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/child-support-enforcement-in-california.html","title":{"rendered":"Child Support Enforcement in California"},"content":{"rendered":"\n
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Child Support Enforcement in California<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

California law takes child support<\/a> obligations very seriously. State law expects both parents to make child support payments when the court orders it. The California Department of Child Support Services (DCSS) handles all child support enforcement cases. The agency can levy severe penalties against parents who can pay but refuse to do so.<\/p>\r\n

Parents who can’t pay due to a change of circumstances can ask the court to modify the amount of child support<\/a>. DCSS prefers that parents work with them and pay off child support arrears rather than take more drastic measures.<\/p>\r\n

Enforcing Support Orders in California<\/b><\/h2>\r\n

A child support payment is a court order. Failing to pay as ordered can result in a contempt of court charge. Since the purpose of child support<\/a> is the care and well-being of the parent’s child, courts view contempt charges and jail time as the last step in enforcing a child support case.<\/p>\r\n

If a parent has an existing child support order, they can have it enforced at the local child support agency <\/a>(LCSA). The local agency can also open a file for others attempting to get a support order on behalf of a child. A family law facilitator or family law attorney can assist you if you need to start the child support process.<\/p>\r\n

Penalties: Can You Go To Jail?<\/b><\/h2>\r\n

If you need to modify your support order, or if you should be getting payments that have stopped, don’t wait to go to court. Changes in support orders<\/a> are only effective going forward.<\/p>\r\n

Private Agreements<\/b><\/h3>\r\n

Sometimes, the recipient parent knows the payor parent’s circumstances and agrees to alternate payment plans until things pick up. Parents should never do this. the State Disbursement Unit<\/a> (SDU) monitors all payments. Past-due child support payments get tabulated according to payments made through the SDU. Payors could make arrangements and still be in arrears for months or years of unpaid child support.<\/p>\r\n

Support vs. Visitation<\/b><\/h3>\r\n

Parents are both responsible for medical support, food, clothing, and shelter for their children. In general, child support payments and visitation<\/a> are unrelated under California law. A custodial parent may not withhold visitation because a noncustodial parent is behind on support payments. The payor parent may not withhold payments because the custodial parent refuses visitation. Both parents must seek enforcement through the courts.<\/p>\r\n

There is an exception when the custodial parent actively conceals the child to prevent the noncustodial parent from knowing the child’s whereabouts. In re: Marriage of Damico<\/i><\/a>, 7 Cal.4th 673 (Cal. 1994), the noncustodial parent must make "diligent efforts" to locate the child during that time.<\/p>\r\n

Potential penalties for failure to pay child support can include:<\/p>\r\n