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Many parents do not pay their court-ordered child support. Sometimes, this is because they don’t prioritize their children’s best interests; in other cases, changes in their lives simply make it too difficult to pay. Child support enforcement ensures children receive the financial resources they need to survive.
At Pinkham & Associates, we work within California’s child support system to help protect you and your child, and we also help to modify those orders that are simply, legally, too high. Our legal team offers our services to both paying and receiving parents to resolve payment issues, modify existing support orders, and defend against enforcement actions.
DCSS Enforcement Measures
California’s Department of Child Support Services (DCSS) works to ensure children receive proper financial support through multiple enforcement methods. DCSS maintains comprehensive records of all payments through its state disbursement unit and offers several key services:
- Finding noncustodial parents when their location is unknown;
- Establishing legal paternity through genetic testing or voluntary acknowledgment;
- Determining appropriate support amounts based on California guidelines; and
- Managing the enforcement of payment orders.
Through these comprehensive services, DCSS aims to help California families. However, these supportive measures aren’t always enough.
Additional Enforcement Tools
When parents fail to meet their obligations, DCSS deploys numerous enforcement tools, including all of the following:
- Automatic deduction from the paying parent’s paycheck;
- Seizure of state and federal tax refunds;
- Revocation of driver’s, professional, and business licenses;
- Blocking of passport applications or renewals;
- Preventing the sale or transfer of real estate until support is paid;
- Direct seizure of funds from financial accounts;
- Notification to credit bureaus, which affects loan and credit applications;
- Taking portions of unemployment or disability payments; and
- Intercepting any lottery prizes.
The DCSS can implement these measures through the courts. The DCSS Department NEVER acts quickly; in fact, sometimes it takes months to even get the initial paperwork filed with the court. But after the case is filed and moving, DCSS can track arrears, assess an annual interest rate of 10%, and maintain records of all enforcement actions taken.
How Income Withholding Orders Work
California law requires courts to include an income withholding order whenever they set up, establish, or modify child support. This order will take effect automatically, directing an employer to withhold support payments directly from the paying parent’s earnings, and the money goes straight to the state disbursement unit without passing through either parent’s hands.
The withholding order covers several types of payments. First, it takes the regular monthly support amount. Second, if the parent has fallen behind, if the judge orders it, the wage withholding order can take an additional amount to pay down the past-due support.
An employer must start withholding within 10 days of being served with the order and can face penalties if it fails to comply. The law also prevents employers from firing or discriminating against employees because of a support withholding order. For the receiving parent, this system provides reliability, and for the paying parent, it creates a clear record of payments made.
Workers’ Compensation Can Be Used to Pay Child Support
The state can collect child support from workers’ compensation benefits. This includes taking up to 25% from both regular and lump-sum temporary disability payments. The state can also place liens against any compensation awards to cover unpaid support from the date of injury.
The process works much like regular wage withholding in that the Workers’ Compensation Appeals Board oversees these payments. The system tracks everything separately from regular wage withholding. This ensures support continues even when a parent cannot work due to injury.
What Do You Do if You Can’t Make Child Support Payments?
Life can throw unexpected challenges that make it hard to keep up with child support payments. When this happens, the worst thing you can do is nothing. Child support debt accumulates 10% annual interest in California, and courts cannot erase past-due amounts even in cases of hardship.
Plus, you can be held in contempt for not paying support when ordered. If you cannot afford the entire monthly payment, ALWAYS make some payment every month. You are much less likely to be held in contempt if you are making some effort to pay the support that you are ordered to pay. If you make no payment at all each month, you will face legal consequences down the road.
If you’re struggling with payments:
- Contact DCSS immediately to explain your situation.
- Document your changed circumstances (job loss, medical issues, etc.).
- Seek legal help quickly to request a change in the support orders.
- Keep records of all payment attempts and communications.
- Consider available programs like interest reduction or modified payment schedules.
Child support obligations don’t disappear during tough times, but there are legitimate ways to handle payment difficulties. The key is taking action before the situation gets worse. Courts prefer working with parents who make genuine efforts to meet their obligations over imposing penalties.
How Modification of Child Support Works
Either parent can request changes to their child support order when circumstances change. If you need to make a change in your child support orders, contact Pinkham & Associates, we can help you modify your orders. Parents can request modifications in the following circumstances:
- Job loss or significant income changes
- Changes in custodial time
- Family size changes
- Disability
- Military deployment
- Incarceration
You’ll need to provide documentation of your current income, expenses, childcare costs, and custody arrangements. The court will review both parents’ information to decide whether changes are warranted. It is more likely to grant a change if the amount of support would change by at least 20% above or below the current order.
If you both agree on the new amount, you can file a form to modify the order. If you don’t, you’ll need to file papers with the court and attend a court hearing to get the court orders changed.
Contempt of Court for Child Support Arrears
When a parent willfully fails to pay child support, courts can treat this as contempt, which is a serious violation of a court order and can result in both fines and jail time. To prove contempt, the court must find that the parent could pay but chose not to do so. Each missed payment counts as a separate contempt violation. This is why it is so important to make “some” payment every month, even if you can’t afford the entire monthly payment.
Consequences for contempt can include:
- Up to 5 days in jail per count, or violation;
- Civil penalties and fines;
- Payment of the other parent’s legal fees;
- Community service;
- Negative impact on credit score; and
- Additional enforcement actions.
The court can examine all sources of income, assets, spending patterns, and lifestyle choices to determine whether nonpayment was truly “willful”. If you’re facing contempt charges, seek legal representation immediately. A lawyer can present valid defenses, such as a genuine inability to pay, and work to negotiate alternative arrangements that could keep you out of jail while ensuring your children receive support. Keep in mind, just because you have the money to hire an attorney to represent you, does NOT mean that you lose your argument that you cannot afford the entire monthly support amount.
Our Divorce Lawyers Can Help You with Your Child Support Case
Pinkham & Associates helps parents with enforcement actions, payment modifications, and contempt issues. Our extensive experience and knowledge of local court procedures and our relationships with DCSS personnel give us an advantage in protecting our clients’ interests. Contact us today to discuss your case.
