What happens if I fall behind on child support in California?

Arrears begin accruing immediately when a payment is missed. California charges 10% annual interest on unpaid support (FC § 4719). DCSS may initiate enforcement actions including wage garnishment, tax refund intercept, credit reporting, and license suspension. Arrears do not expire—support orders remain enforceable indefinitely under CCP § 337.5.

Can I be jailed for not paying child support?

Yes, but only through a contempt of court proceeding. The court must find you willfully violated the support order (meaning you had the ability to pay but chose not to). You cannot be jailed simply for being poor or unemployed. If found in contempt, you face up to 5 days in county jail per violation. The court will usually set a "purge amount" you can pay to avoid jail.

How does wage garnishment work in California?

DCSS issues an Order/Notice to Withhold Income to your employer under FC § 5230. Your employer must begin withholding within 10 business days and send payments directly to the State Disbursement Unit. The maximum withholding is 50% of your disposable earnings (60% if you have no other dependents to support). Wage orders continue until the support obligation ends or is modified.

Can DCSS take money from my bank account?

Yes. DCSS can obtain a writ of execution and levy your bank accounts to satisfy arrears. The bank freezes your account and remits available funds to DCSS. Certain funds are exempt (SSI, unemployment, disability) but you must file a claim of exemption within 10 days. DCSS can repeat levies until arrears are paid off.

Will my professional license be suspended for child support arrears?

Possibly. Under FC § 17520, DCSS reports delinquent obligors to licensing agencies when arrears exceed $2,500 or payments are more than 60 days overdue. This includes driver's licenses (DMV), professional licenses (medical, legal, contractor, real estate, etc.), and recreational licenses (hunting, fishing). You can request a review or payment plan to prevent suspension.

How does child support arrears affect my credit score?

DCSS automatically reports arrears over $2,500 to the three major credit bureaus (Experian, Equifax, TransUnion) under FC § 17212. This appears as a negative mark and can significantly lower your credit score. The reporting remains for up to 7 years even after you pay off the arrears. Disputed amounts can be challenged through credit bureau verification procedures.

What if I lost my job and cannot afford to pay support?

Losing your job does NOT automatically suspend your support obligation. You must immediately file a request for modification (FL-390) showing the income change. Until the court modifies the order, support continues to accrue and you remain liable. If you delay filing, arrears will accumulate at the original amount. Courts can retroactively modify only back to the date you filed the modification request, not the date you lost income.

Can I negotiate a settlement for my child support arrears?

California law generally does NOT allow compromise or settlement of child support arrears owed to the custodial parent or to reimburse public assistance (FC § 4503). However, DCSS may negotiate payment plans. In rare cases involving very old arrears or payor insolvency, courts have approved settlements, but this requires strong legal justification and court approval. Consult a family law attorney before attempting to negotiate.

FC § 5100-5122 | Enforcement Division

California Child Support Enforcement

Comprehensive guide to California child support enforcement methods, DCSS collection tools, contempt proceedings, and payor rights under Family Code § 5100-5122. Understand wage garnishment, license suspension, asset seizure, and consequences of non-payment.

Important Notice

Child support orders are legally enforceable judgments. Non-payment can result in wage garnishment, license suspension, credit damage, and even jail time. If you cannot pay, immediately file for modification—do not simply stop paying.

See Enforcement Tools File Modification

Enforcement Basics

Enforcement Agency

DCSS / LCSA

Dept of Child Support Services & Local Agencies

FC § 17400

Primary Method

Most Common

Wage Withholding

Automatic from paychecks

FC § 5230-5246

Arrears Interest

Compounding

10% Per Year

Accrues on unpaid support

FC § 4719

Statute of Limitations

None

Support orders never expire

CCP § 337.5

Credit Reporting

Impacts Credit

Automatic

After $2,500+ arrears

FC § 17212

License Suspension

Possible

Driver, professional, recreational licenses

FC § 17520

DCSS Enforcement Tools

Wage Withholding (Income Assignment)

Automatic deduction from paychecks, self-employment income, or other earnings

High (>85% collection rate)

Legal Basis: FC § 5230-5246

How It Works:

DCSS sends Order/Notice to Withhold Income to employer; employer must comply within 10 business days; deduction cannot exceed 50% of disposable earnings (or 60% with no other dependents)

Limitations: Ineffective if payor unemployed, self-employed without reported income, or paid under the table

Bank Account Levy

Seizure of funds from checking, savings, or investment accounts

Moderate (depends on account balance)

Legal Basis: CCP § 708.710-708.780

How It Works:

DCSS obtains writ of execution from court; serves levy on financial institution; bank freezes account and remits available funds to DCSS; exemptions apply for certain benefits (SSI, unemployment)

Limitations: Payor may move funds or close accounts; one-time collection (not ongoing); costs and delays in multi-step process

Tax Refund Intercept

Automatic offset of state and federal tax refunds to pay arrears

Moderate-High (if payor receives refunds)

Legal Basis: FC § 17504; 42 USC § 664

How It Works:

DCSS submits arrears cases to federal and state offset programs; IRS and FTB divert refunds to support debt; notification sent to payor 60 days before intercept (federal)

Limitations: Only works if payor files taxes and receives refund; married taxpayers can file Injured Spouse claim to protect their share

License Suspension

Suspension of driver, professional, and recreational licenses for non-payment

Moderate (motivational tool)

Legal Basis: FC § 17520

How It Works:

DCSS reports delinquent obligors (arrears >$2,500 or >60 days overdue) to licensing agencies (DMV, professional boards, Fish & Game); licenses suspended until payment arrangement made; payor can request administrative review

Limitations: Does not directly collect money; may harm payor's ability to work; hardship exemptions available

Credit Bureau Reporting

Reporting of arrears to Experian, Equifax, and TransUnion

High (motivational; affects credit score)

Legal Basis: FC § 17212

How It Works:

DCSS automatically reports arrears >$2,500 to major credit bureaus; appears on credit report for up to 7 years; impacts ability to obtain loans, credit cards, housing; payor can request verification or correction

Limitations: Indirect enforcement; some payors have poor credit already or don't care about credit score

Property Liens

Abstract of judgment placed on real property and personal property

Low-Moderate (long-term)

Legal Basis: CCP § 697.310-697.410

How It Works:

DCSS files abstract of judgment with county recorder; lien attaches to any real property in that county; prevents sale or refinance until lien satisfied; lien on personal property (vehicles, boats) through DMV or other agencies

Limitations: Does not force immediate payment; collection only occurs if property sold or refinanced; may take years

Contempt of Court Proceedings

Contempt is a criminal proceeding requiring proof "beyond a reasonable doubt" that the payor willfully failed to pay. Inability to pay (job loss, disability) is a defense.

Step 1

Order to Show Cause (OSC)

Court issues order requiring payor to appear and explain non-payment

Agency: DCSS or custodial parent

Documents: FL-410 (OSC), FL-411 (Affidavit), Proof of Service

Penalty: None yet (notice to appear)

Step 2

Service of OSC

Personal service of OSC on delinquent payor

Agency: Sheriff, process server

Documents: OSC + supporting documents

Penalty: Arrest warrant if payor evades service

Step 3

Contempt Hearing

Court hearing to determine if payor willfully violated support order

Agency: Superior Court Family Law Division

Documents: Evidence of arrears, payment history, ability to pay

Penalty: None yet (evidentiary hearing)

Step 4

Finding of Contempt

Court finds payor in contempt if willful failure to pay proven beyond reasonable doubt

Agency: Judge

Documents: Findings and Order (FL-415)

Penalty: Up to 5 days county jail per count; 120 hours community service alternative

Step 5

Purge Amount Set

Court sets amount payor must pay to avoid jail (usually portion of arrears)

Agency: Judge

Documents: Order with purge amount

Penalty: Jail time if purge not paid within specified period

Step 6

Enforcement of Contempt Order

If purge not paid, payor arrested and serves jail time

Agency: Sheriff, County Jail

Documents: Bench warrant, commitment order

Penalty: Actual incarceration (up to 5 days per violation)

Payor Rights & Defenses

Inability to Pay (Not Willful)

Payor lost job, became disabled, or had income reduced through no fault of their own

Defense Strength:Strong defense if documented

Required Evidence:

Unemployment records, medical records, job search logs, termination notices

Already Paid

Payment records show support was paid directly to custodial parent or DCSS

Defense Strength:Complete defense if proven

Required Evidence:

Canceled checks, money order receipts, DCSS payment history, bank statements

Order Ambiguous or Unclear

Support order did not clearly specify amount or payment method

Defense Strength:Moderate defense

Required Evidence:

Copy of support order showing vague language or conflicting provisions

Incarceration

Payor was in jail or prison and unable to earn income

Defense Strength:Moderate defense (does not eliminate obligation)

Required Evidence:

Jail records, booking docs; may support modification but not full defense to contempt

Custodial Parent Preventing Visitation

Other parent denied court-ordered visitation

Defense Strength:Not a valid defense (visitation and support are separate)

Required Evidence:

Irrelevant to contempt for non-payment; file separate enforcement action for visitation

Frequently Asked Questions

Related Resources

Child Support Modification

How to request a change to your support order

California Child Support Formula

Understand how support is calculated

Child Support Calculator

Estimate your support payment

How to File Child Support

Steps to establish a support order

Legal References & Resources

Content Review

Last Reviewed: January 18, 2025
Next Review: July 18, 2025
Reviewed By: Family Law Research Team

Content reviewed for accuracy and compliance with California Family Law as of January 2025

Effective Law

Family Code § 5100-5122, § 17400-17552

Enforcement procedures vary by county. Contact your local DCSS/LCSA for specific guidance.

Primary Legal Sources:

California Family Code § 5100-5122 - Enforcement of Support Orders(statute)
California Department of Child Support Services (DCSS)(official agency)
California Family Code § 17520 - License Suspension(statute)
California Courts - Child Support Enforcement(official resource)

Internal Research

This enforcement guide complements our California child support resources. For filing procedures, see How to File. To calculate support amounts, use our California Calculator.