A child support order is not just a suggestion – it is a legally binding court order that must be followed. If a parent fails to comply with the order, California law provides for a range of enforcement options, which can significantly impact the paying parent’s finances, professional life, and even freedom. If you are facing unpaid child support in your case, it is important to understand these consequences in order to protect your child’s financial well-being.
California’s Legal Duty to Pay Child Support
Both parents have a legal obligation to financially support their children in California. When a court orders child support, this obligation does not stop due to unemployment, disagreements or remarriage. Unpaid amounts become “arrears” and accrue 10% interest per year under California’s Code of Civil Procedure §685.010. This means that delays can quickly increase the debt.
Consequences of Unpaid Child Support in California
The California Department of Child Support Services (DCSS) is authorized to enforce child support orders through various mechanisms. These tools are still effective in 2026 and are used by DCSS and family law attorneys to help families receive the support they need.
Wage and Income Garnishment
Under California Family Code § 5230, the court can issue an Earnings Withholding Order (EWO) for support, directing an employer to directly deduct support payments from the paying parent’s salary. The amount of support that can be withheld varies depending on the obligor’s income and whether they support other family members. It can range from 50% to 65%.
License Suspension
A parent who is delinquent for 30 days or more may have their driver’s license, professional license, and recreational license suspended, according to Family Code §17520. This may affect doctors, contractors, real estate agents, and anyone holding a state-issued license.
Contempt of Court
Willful failure to pay can lead to civil or criminal charges under Family Code § 4726. If found guilty of contempt, the person may face fines, community service, or up to five days in jail for each violation, with each missed payment counted as a separate offence.
Tax Refund Interception
State and federal tax refunds may be garnished and applied to child support debts through the Federal Tax Refund Offset Program when the debt exceeds $150 in cases involving public assistance, or $500 in all other cases.
Credit Reporting and Property Liens
Child support that is overdue is reported to major credit bureaus and can remain on a credit report for up to seven years. The Department of Child Support Services (DCSS) may also place a lien on real property, bank accounts and other assets to ensure payment of unpaid balances.
Passport Denial
Parents who owe more than $2,500 in child support are reported to the US Department of State. The Department can deny, revoke or restrict their passports under 42 U.S.C § 652 (k).
Federal Criminal Charges
When a parent intentionally refuses to provide support for a child who lives in another state, they may be subject to federal prosecution under the Deadbeat Parents Punishment Act. This act, 18 U.S.C. § 228, allows for convictions for debts of more than $10,000 or for unpaid support for more than two years. Such convictions can result in up to two years imprisonment in a federal prison.
What Can the Receiving Parent Do?
If you are not receiving the child support you are entitled to, there are several options available. It is important to act promptly, as the California 10-year statute of limitations for enforcing child support judgments under Family Code §4502 can be renewed. However, waiting too long may complicate the collection process.
Roberts & Zatlin Can Help You Enforce a Child Support Order
Whether you are a parent seeking support or facing enforcement action in your case, our team has over 30 years of experience in California family law. We will review your current support order, clearly explain your options, and work to achieve the outcome that is best for your family. To schedule a free consultation, please contact us today.
