Missing child support payments can create financial instability, stress, and frustration—especially when you’re doing your best to provide for your child. In California, child support is a legal obligation, not a personal favor. When a non-custodial parent fails to meet their support responsibilities, the law offers several enforcement tools to help custodial parents collect what is owed.
If you’re facing unpaid child support, The Law Offices of Bruce A. Mandel helps you understand your legal options and the right steps to recover past-due amounts while protecting your child’s well-being and your financial future.
Why Child Support Matters
Child support is designed to ensure both parents contribute to a child’s upbringing. These payments help cover essential expenses such as housing, clothing, food, education, and healthcare. California courts calculate child support based on statewide guidelines that consider income, custody arrangements, and other relevant financial factors.
When payments are delayed or withheld altogether, the custodial parent may be left to shoulder the whole burden. That’s why enforcement mechanisms exist to hold non-paying parents accountable and ensure that children receive the support they’re legally entitled to.
What Counts as a Missed Payment?
A missed child support payment occurs when a parent fails to pay the full amount ordered by the court, whether the payment is late, partial, or entirely skipped. If the amount owed accumulates, it is referred to as child support arrears. In California, interest accrues on unpaid support at a rate of 10% annually, and this debt cannot be waived by the other parent—it is owed to the child.
Even if the paying parent has a legitimate hardship, they are still legally obligated to pay unless a formal modification has been granted by the court. Verbal agreements or informal changes to the payment schedule are not enforceable.
Administrative Enforcement Options
The California Department of Child Support Services (DCSS) offers several administrative remedies to collect unpaid support without the need to return to court. These include:
Wage Garnishment: Child support payments can be automatically withheld from the non-paying parent’s paycheck. This is one of the most effective and commonly used enforcement tools.
Tax Refund Intercepts: If the paying parent is behind on support, their federal or state tax refund can be redirected to cover the arrears.
Bank Levies: DCSS can seize funds directly from a non-compliant parent’s bank account.
License Suspension: Driver’s licenses, professional licenses, and even recreational licenses (like fishing or hunting) can be suspended for nonpayment.
These tools often create pressure for the non-paying parent to comply and resume regular payments.
Court-Based Legal Remedies
In more serious or persistent cases of nonpayment, it may be necessary to bring the matter back to court. Legal remedies available through the courts include:
Contempt of Court Proceedings: If the parent is willfully disobeying a court order, the judge can hold them in contempt. Penalties range from fines to jail time.
Judgment for Arrears: The custodial parent can request a judgment for the total amount of past-due child support. Once a judgment is issued, additional enforcement actions such as liens on property or collections may be pursued.
Writ of Execution: This court order allows the seizure and sale of the non-paying parent’s property or assets to satisfy the judgment.
Legal action is often more effective when guided by an experienced family law attorney who understands the enforcement process and how to work with the courts.
When the Other Parent Is Out of State
Unpaid child support becomes more complicated when the other parent lives outside California. Fortunately, California participates in the Uniform Interstate Family Support Act (UIFSA), which allows for cooperation between states. This means support orders issued in California can still be enforced across state lines.
The DCSS or your attorney can help coordinate with the child support agency in the other state to pursue wage garnishment, license suspensions, or court action.
What You Should Avoid Doing
While it’s natural to feel anger or resentment when support is not paid, avoid taking matters into your own hands. Denying visitation, threatening the other parent, or making informal changes to the arrangement can harm your case and negatively affect your child.
Instead, keep records of all missed payments, communication, and any hardship it has caused. Having detailed documentation strengthens your position if legal action becomes necessary.
What If Circumstances Have Changed?
Sometimes the non-paying parent is not malicious, but rather unable to meet their obligations due to a job loss, illness, or other significant life change. In these cases, they must formally request a modification of the support order. Until a judge signs off on the modification, the original order remains in effect and must be followed.
As the recipient, you are not required to agree to reduced payments unless a new court order is in place.
Legal Guidance Makes a Difference
Recovering child support is not just about collecting money. It’s about ensuring that your child’s needs are met and maintaining fairness in parenting responsibilities. Legal support can streamline the process, protect your rights, and help you enforce the court order effectively.
At The Law Offices of Bruce A. Mandel, we understand the stress and challenges of dealing with unpaid child support. With over 30 years of experience in California family law, Bruce Mandel helps clients explore their enforcement options, file the necessary motions, and pursue the financial stability their families deserve.
If you’re not receiving the child support you’re owed, contact The Law Offices of Bruce A. Mandel to learn how we can help you take the next step.
