Understanding Child Support Enforcement in California

Child support enforcement refers to the legal steps taken to ensure that a parent pays the support ordered by the court. Once a child support order is in place, it becomes a legally binding obligation. If the other parent fails to meet that obligation, you can take action with the help of a child support enforcement lawyer.

California’s Department of Child Support Services (DCSS) and local county child support enforcement units help monitor and collect payments, but many parents find the system too slow or ineffective on its own. That’s where a child support lawyer can make a significant difference in getting a resolution to your case.

What Tools Can I Use to Enforce a Child Support Order in California?

There are several ways to enforce a child support order in California. These legal remedies are designed to force compliance and ensure your child’s needs are met.

Wage Garnishment

Wage garnishment is one of the most common forms of enforcement. The court orders the paying parent’s employer to automatically withhold child support from their paycheck and send it directly to the custodial parent.

Tax Refund Intercepts

If child support goes unpaid, the state can intercept state and federal tax refunds and redirect them to the parent who is owed support.

Property Liens and Seizures

Courts may place liens on the non-paying parent’s real estate or personal property. In some cases, property may be seized or sold to satisfy the outstanding debt.

License Suspensions

A parent who refuses to pay may have their driver’s license, professional license, or business license suspended by the state until they make good on their debt.

Passport Denial

If arrears exceed a certain amount, the non-paying parent may be denied a U.S. passport or prevented from renewing one.

Contempt of Court

If a parent willfully refuses to pay despite having the ability to do so, the court can hold them in contempt of court. Penalties for contempt can include fines, wage garnishment, and even jail time. It is a powerful tool when other enforcement options have failed.

Our Los Angeles family law attorneys help you pursue all available remedies, including filing a motion for contempt of court, securing documentation, and representing you in hearings.

When Should I Hire a Child Support Enforcement Attorney?

Many parents turn to a family law attorney when they’ve tried working with the state system or the other parent directly and hit a wall. You should contact a child support enforcement attorney if:

  • The other parent has stopped making child support payments
  • You are owed back child support from months or years ago
  • DCSS has not taken effective action
  • The other parent is hiding income or assets
  • You need to enforce a court order across state lines
  • You want to file a motion for contempt of court child support enforcement

Atighechi Law Group offers personalized strategies for each case. We don’t rely on one-size-fits-all approaches. We assess your situation and pursue the remedies most likely to get results.

What If There’s No Court Order Yet?

To use California’s state or county child support enforcement tools, a court-issued support order must be on file. If you’re relying on an informal agreement, the court can’t help until you file a formal motion and establish the support order.

We can help you file for an initial support order, even if you were never married to the other parent. Once the court approves the order, we can begin enforcement proceedings if the other parent doesn’t comply.

Can Support Be Collected After the Child Turns 18?

Yes. If the other parent owes back child support, they are still responsible for paying it, even after the child becomes an adult. This is known as “arrears,” and enforcement actions can continue until the full balance is paid.

Back child support can be collected through wage garnishment, property liens, bank levies, and other tools. Don’t assume you’ve missed your chance. Speak with a Los Angeles child support enforcement attorney to review your options.

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What Else Should I Know About Child Support Enforcement & Contempt?

What Happens If the Paying Parent Lives Out of State?

If the other parent lives in a different state, California can still pursue enforcement through the Uniform Interstate Family Support Act (UIFSA). Our attorneys are experienced in working across jurisdictions to ensure the support order is honored.

We coordinate with local and state child support agencies, gather evidence, and take legal action in both California and the state where the parent resides. You shouldn’t have to chase someone across state lines just to secure basic support. Our team is here to do that work for you.

Can You Modify a Child Support Order in Los Angeles?

Yes, if circumstances have significantly changed, such as a job loss, increased income, change in custody, or new health-related expenses, you may be able to modify the existing order.

On the flip side, if the other parent is trying to reduce their obligation without good reason, we can help you oppose the modification and protect the financial support your child relies on.

Don’t Try to Enforce Support on Your Own

It’s tempting to withhold visitation or take other steps if your ex refuses to pay. But California law is clear: child support and visitation are legally separate issues. If you violate the custody order, even out of frustration, you could also be held in contempt.

The best course of action is to work with a knowledgeable child support enforcement lawyer in Los Angeles who can handle the legal process properly and ensure you don’t put your own parental rights at risk.

Frequently Asked Questions About Child Support Enforcement

Can I collect unpaid child support from years ago?

Yes, but you generally must act within three years of the missed payment to file a motion for contempt. You may still be able to collect arrears through other enforcement tools.

What if the other parent claims they can’t afford to pay?

The court may evaluate their earning capacity and impute income. Hiding assets or quitting a job to avoid support can lead to contempt findings.

How much does it cost to hire a child support enforcement attorney?

Atighechi Law Group offers affordable consultations and clear guidance on fees. In some cases, the court may order the non-paying parent to cover your legal costs.

 

What if the other parent receives Social Security or disability benefits?

Some forms of public benefits can be garnished or offset to pay child support, depending on the source and amount.

 

Can I handle enforcement through California’s DCSS alone?

You can try, but many parents find DCSS slow or overwhelming. An experienced attorney can speed up the process and achieve more targeted results.