Child Support Enforcement in California

California law takes child support 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.

Parents who can't pay due to a change of circumstances can ask the court to modify the amount of child support. DCSS prefers that parents work with them and pay off child support arrears rather than take more drastic measures.

Enforcing Support Orders in California

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 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.

If a parent has an existing child support order, they can have it enforced at the local child support agency (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.

Penalties: Can You Go To Jail?

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 are only effective going forward.

Private Agreements

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 (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.

Support vs. Visitation

Parents are both responsible for medical support, food, clothing, and shelter for their children. In general, child support payments and visitation 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.

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, 7 Cal.4th 673 (Cal. 1994), the noncustodial parent must make "diligent efforts" to locate the child during that time.

Potential penalties for failure to pay child support can include:

• Filing an income withholding order against the delinquent parent
• Entering a driver's license suspension. Other license suspensions include professional licenses, passports, and recreational licenses like hunting licenses
• Seizure of income tax refunds or lottery winnings
• Liens on real property or personal property

If all else fails, courts may file criminal charges against non-paying parents. Failure to pay child support is a misdemeanor unless the failure rises to the level of abandonment (California Penal Code 270 - 273.75). Abandonment in the state of California means leaving a child without any means of food, clothing, shelter, or medical support.

Out-of-State Support Enforcement

If a parent moves out of California, parents can still have support orders enforced through the Uniform Interstate Family Support Act. This federal law prevents one state from modifying a support order written in another. Only California courts can modify California support orders.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

California Codes and Legal Research Options

• California Codes
• California Legal Research

More Resources

If you have other questions about California's child support laws, click on the following links:

• How Do I Locate a Parent for Child Support?
• California Child Support Modification
• State-Specific Child Support Information and Guidelines

Get Legal Advice From a California Family Law Attorney

California's child support laws have the best interests of the child in mind. Parents who have issues with the support payments should get legal advice from a California child support attorney and avoid child support enforcement penalties.