Key Takeaways:
- If there is an issue of past-due child support, you have two paths: hiring a private attorney or seeking recoupment through the state.
- Under the Child Support Enforcement Act of 1984, district and state attorneys are required to help you and your attorney collect court-ordered child support payments.
- A private attorney is faster, has focused resources, and is better at handling complex cases, but comes with attorney fees.
- The state has minimal to no cost, but given their caseload, the process can take much longer.
- There are a variety of enforcement tools, including wage garnishment, credit bureau reporting, property liens, license suspension, passport denial, court fines, and jail time.
- Child support and child custody are separate legal issues. You cannot deny or be denied visitation for past-due payments.
We’re all familiar with the idea of the “deadbeat” parent who doesn’t make, or wants to make, their child support payments. You try contacting them about the situation, but they dodge your calls and won’t respond. What do you do?
Failure To Make Child Support Payments
If a spouse fails to make payments, you can hire a private attorney or go through the state to seek back child support. Under the Child Support Enforcement Act of 1984, district and state attorneys are required to help you and your attorney collect court-ordered child support payments.
With focused resources, a private attorney is faster than the state. They are also better suited to complex cases that may require discovery.
If you go to the state for help, the process will be slower, but with minimal to no cost.
Legal fees can be expensive, but a private attorney can ask the court to order the non-paying spouse to pay their legal fees. The court is not obligated to grant such a request, though, so you’d have to pay the fees up front with the uncertainty of recouping them later.
An attorney can also excel in the discovery process if needed. For example, a case involving a self-employed person with variable income may require additional scrutiny.
If you go to the state for help, the process will be slower, but with minimal to no cost. They also have the immediate authority to do things like revoke a driver’s license or refuse to issue a passport. Whereas an attorney would need to ask the state.
There is no application fee to open a case with the California DCSS. The Local Child Support Agency (LCSA) can assist you in enforcing court orders.
What Methods Are Used To Recoup Back Child Support?
There are a variety of enforcement tools, including but not limited to wage garnishment, credit bureau reporting, property liens, license suspension, and passport denial.
File an Order to Show Cause
You can file a formal motion or contempt action (Order to Show Cause, Form FL-300). The district attorney can serve your former spouse with papers compelling them to meet with officials and set up a payment schedule.
These papers typically state that if your ex refuses to meet with them or pay, fines (up to $1,000) or up to 5 days in jail per count are possible.
Garnish Income
Federal law also affords district attorneys the power to intercept tax refunds, seize or place liens on property, and even garnish wages. If the LCSA is on your case, they will get an Income Withholding Order on your behalf.
If they aren’t, you can file an Income Withholding for Support (form FL-195).
Your ex’s employer has 10 days from the date of receipt of the order; if they don’t comply with the wage garnishment, they can be held liable for the funds owed.
The employer sends the recouped funds to the State Disbursement Unit (SDU), which would then send them to you.
In more severe cases, suspending a business or occupational license can serve as legal leverage.
Some states even allow the revocation of a deadbeat spouse’s driver’s license, and the State Department may refuse to issue a passport to anyone who owes more than $2,500 in child support.
Possible Jail Time
The primary goal is to get the money that you need to support your child. Your ex being jailed doesn’t accomplish that, even if your anger makes it sound like a good solution.
That being said, if nothing else works, the threat of incarceration may serve as a motivator. Most jurisdictions are understandably reluctant to exercise this option, but it exists and may be the one that delivers results.
Child support is one of the most significant financial obligations that result from a divorce. Depending on the age and number of children supported, payments can last for multiple decades and cost tens of thousands to hundreds of thousands of dollars.
Visitation Isn’t Automatically Denied
In California, the best interest of the child remains paramount. Child support and visitation rights are separate legal issues, and you still have to follow the parenting plan.
Regardless of how you and your ex feel about each other, the ability to work together in the children’s best interests is essential to their happiness and well-being. The key to this is having proper expectations, knowledge, and legal counsel.
In the end, it’s best to remember the ultimate purpose of these payments, to care for and provide for your children. That’s the point, and that’s what you should keep in mind.
Items of Note:
- There is no statute of limitations on past-due child support, but there is one on how long you have to file an Order To Show Cause, which is generally 3 years from the delinquent payment date.
- California charges a 10% annual interest rate until the balance is paid.
- Filing for bankruptcy does not remove a past due balance.
- A child support modification does not affect prior payment amounts.
Related Reading: An In-Depth Look At Payment Calculation
Related Reading: Child Custody Modifications
