When a court orders child support, paying it is not optional. But that does not necessarily mean the payments will always arrive on time.
Maybe your ex recently lost their job. Maybe payments have become inconsistent. Or maybe they simply stopped paying altogether. Whatever the reason, missing child support can put a significant financial strain on the parent who is relying on that support to help cover the child’s everyday expenses.
If your ex stops paying child support in California, there are several ways to enforce the existing order and collect the unpaid support.
Unpaid Child Support Does Not Just Go Away
One of the most important things to understand is that missed child support payments do not disappear just because your ex does not pay them.
Once a child support payment becomes due and is not paid, it is considered to be in arrears. In California, unpaid child support also accrues interest at a rate of 10% per year.
That means falling behind can become expensive quickly.
Your ex also cannot simply decide to pay less because their financial circumstances changed. For example, if your ex loses their job or experiences a reduction in income, the existing child support order remains in effect unless and until the court modifies it. A change in income does not automatically change the amount owed.
How Can I Enforce a Child Support Order?
There are several ways to enforce a child support order in California. The appropriate option will depend on the circumstances, including how much support is owed, how long payments have been missed, and whether the other parent is employed or has other assets.
Wage Garnishment
One of the most common ways to collect child support is through an Income Withholding Order, sometimes referred to as a wage garnishment or earnings assignment.
Instead of relying on the other parent to send you a payment every month, support can be withheld directly from their paycheck and forwarded through the State Disbursement Unit.
If your ex has a regular employer and has stopped making payments voluntarily, an earnings assignment can provide a much more reliable way to receive support.
Collecting From Other Assets
A paycheck is not necessarily the only source available to collect unpaid support. Depending on the circumstances, enforcement efforts can include taking funds from bank accounts, intercepting state or federal tax refunds, placing liens on property, or intercepting certain other payments owed to the parent who is behind. This can be particularly important when a parent is self-employed or does not receive a traditional paycheck.
License and Passport Consequences
Falling behind on child support can also have consequences beyond simply owing money.
California Child Support Services has several enforcement tools available when support is not being paid. Our office often represents parties in utilizing California Child Support Services to pursue different enforcement options. Depending on the circumstances, a parent’s driver’s license, professional license, or recreational license may be subject to suspension. Significant child support arrears can also create problems with obtaining or renewing a passport.
Can My Ex Be Held in Contempt for Not Paying?
In some cases, yes.
Child support is a court order. If a parent has the ability to comply with that order but willfully refuses to do so, the other parent may be able to ask the court to hold them in contempt.
Contempt is a serious remedy and is not necessarily appropriate every time someone misses a payment. California Courts notes that contempt can potentially result in jail time, although that remedy is rarely used and generally arises in more serious enforcement situations.
Whether contempt is appropriate will depend heavily on the facts of the particular case.
What If My Ex Says They Cannot Afford Child Support Anymore?
There is an important difference between being unable to pay support and being allowed to stop paying support.
If someone’s income substantially decreases, they may have grounds to ask the court to modify their child support obligation. What they generally cannot do is unilaterally decide that the existing order no longer applies.
Until the order is changed, the existing amount remains due.
This is also why both parents should act quickly when circumstances change. The paying parent may need to seek a modification, while the receiving parent may need to take enforcement action before the unpaid balance becomes substantial.
What Should I Do If Payments Stop?
First, keep good records. Make sure you know exactly what was supposed to be paid, what was actually paid, and when the payments stopped.
It is also important to distinguish between an occasional late payment and an ongoing pattern of nonpayment. If your ex has stopped paying altogether or is accumulating significant arrears, waiting indefinitely may only make the problem more difficult.
Depending on your circumstances, you may be able to seek an earnings assignment, establish the amount of arrears owed, request additional payments toward those arrears, pursue other collection remedies, or seek further enforcement orders from the court.
You Do Not Have to Simply Accept Missed Payments
Child support is intended to help provide for your child. If there is a valid court order in place, the other parent generally cannot choose whether or when to follow it.
At The Soleymani Law Firm, APC we help parents understand their options when child support payments stop, determine the amount of unpaid support owed, and pursue enforcement when necessary.
If your ex has fallen behind on child support or stopped paying altogether, speaking with a family law attorney at The Soleymani Law Firm, APC can help you determine the best way to enforce your existing order and recover the support your child is owed.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals should consult with a qualified California family law attorney regarding their specific circumstances.