When a parent fails to pay court-ordered child support, California provides multiple enforcement mechanisms. Understanding child support enforcement options and child support arrears helps both receiving parents collect what is owed and paying parents avoid serious consequences.
Child Support Arrears in California
Child support arrears are unpaid past-due child support amounts. Arrears accrue interest at 10% per year and are collectible indefinitely — back child support cannot be discharged in bankruptcy. Arrears accumulate from the date each missed payment was due and can grow quickly with compounding interest.
Child Support Enforcement Mechanisms
California child support enforcement tools include: income withholding (wage garnishment directly from the employer — automatic for new orders); state and federal tax refund intercepts; driver's license and professional license suspension; property liens; contempt of court proceedings; and passport denial for arrears above $2,500. The California Department of Child Support Services (DCSS) assists with child support enforcement at no cost to the receiving parent.
Collecting Back Child Support
To collect back child support, the receiving parent can work through DCSS or file private enforcement motions in court. A contempt proceeding requires proving the paying parent had the ability to pay and willfully refused. Courts can order repayment plans for arrears as part of contempt proceedings. Furubotten Law, APC handles child support enforcement and arrears collection throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.