Child Support Enforcement
How to Enforce a Child Support Order in California
When the other parent stops paying, you have legal tools to collect
You have a court order saying the other parent must pay child support. They stopped paying months ago. The rent is due. The kids need clothes. You are covering everything yourself and you are running out of patience. This is one of the most common and most frustrating situations in family law, and fortunately, California gives you powerful tools to enforce a child support order. At Hayat Family Law, we help parents in Calabasas and Studio City enforce child support orders and collect the money their children are owed. This article walks through the enforcement options available under California law, from wage garnishment to contempt proceedings.
Filing an RFO for Enforcement
The first step in most enforcement cases is filing a Request for Order, form FL 300, asking the court to enforce the existing child support order. You can request specific remedies, such as a wage assignment, a contempt finding, or an order for the payment of arrears. You will need to attach an Income and Expense Declaration, form FL 150, and a declaration explaining the nonpayment and the relief you are seeking.
If you are working with the local child support agency, they may handle the enforcement action on your behalf at no cost. The Department of Child Support Services has attorneys who represent the interests of the child in enforcement proceedings. However, if your case is complex, involves significant assets, or requires expedited action, hiring a private family law attorney may give you more control over the strategy and timeline.
Wage Assignment and Income Withholding
Under Family Code section 5230, when the court orders a party to pay child support, the court shall include in its order an earnings assignment order for support. This means wage garnishment is not optional. It is mandatory. The employers are required to withhold the support amount from the paying parents paycheck and send it to the State Disbursement Unit. The employer must begin withholding within ten days of being served with the assignment order.
If your original order did not include a wage assignment, or if the paying parent has changed jobs and the new employer has not been served, you can request a new earnings assignment order. Once the employer receives the order, they are legally obligated to comply. Willful failure by an employer to withhold and forward support can result in liability for the missed payments plus interest, and potentially contempt penalties.
Wage assignments cover both current support and payments toward arrears. Under Family Code section 5238, priority is given first to the current child support obligation, then to current spousal support if applicable, and then to the liquidation of child and spousal support arrears. If the paying parent has multiple support orders, the employer must prorate the withholdings according to the statutory formula.
Contempt of Court: When Willful Nonpayment Becomes a Crime
If the paying parent has the ability to pay but simply refuses, contempt of court may be appropriate. Contempt is a quasi criminal proceeding that can result in fines and jail time. To prove contempt, you must show that the parent had knowledge of the order, had the ability to comply, and willfully failed to do so.
The burden of proof in contempt proceedings is beyond a reasonable doubt, which is the criminal standard. This is higher than the preponderance of evidence standard used in most civil family law matters. You need strong evidence of willful nonpayment, such as proof that the parent spent money on luxury items while claiming inability to pay support. Contempt is a powerful tool, but it is not appropriate in every case. If the parent genuinely cannot pay due to job loss or disability, contempt is unlikely to succeed.
Passport Denial and Federal Enforcement
For parents with large arrears, federal enforcement tools come into play. Under federal law, parents who owe more than a threshold amount in child support arrears may be referred to the State Department for passport denial. This means the paying parent cannot obtain or renew a passport until the arrears are paid or a payment plan is established. For parents who travel for work or have family abroad, this can be a powerful motivator to get current.
The federal government also operates the Treasury Offset Program, which intercepts federal tax refunds and applies them to child support arrears. State tax refunds can be intercepted as well. These programs operate automatically once the arrears reach the qualifying threshold, and they do not require a separate court action.
Property Liens and Bank Levies
If the paying parent owns real estate, vehicles, or other valuable property, you can seek a lien that prevents them from selling or refinancing the property without first satisfying the child support debt. Real estate liens are particularly effective because they sit on the title and must be cleared before any transfer can occur. If the parent tries to sell their home, the title company will discover the lien and require payment at closing.
Bank levies allow you to seize funds directly from the paying parents bank accounts. This requires a court order and the involvement of the sheriff or marshal, who serves the levy on the bank. The bank then freezes the account and turns over the levied funds to the court. Bank levies are most effective when you know where the parent banks and can time the levy to coincide with a deposit, such as a payroll direct deposit.
Interstate Enforcement: When the Paying Parent Moves Out of California
If the paying parent moves to another state, enforcement does not stop. The Uniform Interstate Family Support Act, or UIFSA, allows California to send enforcement requests to the state where the parent now lives. That state is required to enforce the California order using its own enforcement mechanisms. This includes wage garnishment, license suspension, and contempt proceedings in the other states courts.
UIFSA also allows for direct income withholding across state lines. If you know the parents new employer, the California child support agency can send an income withholding order directly to that employer, regardless of what state the employer is in. Federal law requires employers to comply with income withholding orders from other states.
The key to successful interstate enforcement is making sure your California order is properly registered in the other state if necessary. The local child support agency can handle this registration process, which involves sending a certified copy of the California order to the appropriate agency in the other state. Once registered, the other state has the same enforcement authority as if the order had been issued there.
Frequently Asked Questions
How long does it take to enforce a child support order?
Wage assignments can be implemented within weeks once the employer is served. Contempt proceedings take longer, typically several months. The timeline depends on the enforcement method and court availability.
Can I enforce child support without a lawyer?
Yes, the local child support agency provides free enforcement services. However, complex cases involving hidden assets, interstate issues, or contempt proceedings often benefit from private legal representation.
What if the paying parent is self employed?
Self employed parents can be harder to enforce against because there is no employer to garnish. You may need to use bank levies, property liens, or contempt proceedings. A forensic accountant can help trace income.
Can child support arrears be negotiated?
Generally no. Child support belongs to the child and cannot be waived by agreement. However, you may be able to negotiate a payment plan for arrears, which the court can approve.
What happens if the paying parent leaves the country?
Enforcement becomes more difficult but not impossible. The United States has reciprocal enforcement treaties with many countries. The local child support agency can assist with international enforcement through the appropriate channels.
Enforcement Requires the Right Strategy
Different situations call for different enforcement tools. We can help you choose the most effective approach.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
