California Child Support Enforcement: What Happens If a Parent Owes Past Due Child Support?

California Child Support Enforcement: What Happens If a Parent Owes Past Due Child Support?

If you are a parent who hasn’t received support which is due, or if you are a parent who is falling into “arrears” (past-due support), you should address the issue immediately, not ignore it. Here is what you need to know about California’s strict enforcement laws.

1. Child Support Obligations Don’t Disappear Once a Child Turns 18 years old if there is past due child support or past due child support interest owed.

   Unpaid child support debt in California does not disappear. Under Code of Civil Procedure § 685.010, unpaid child support accrues interest at 10% per year.

• Child Support Interest is Mandatory: A recent appellate court case confirmed that a judge does not have the power to “waive” or “forgive” interest on past-due child support, even if both parents agree.
• Arrears Are Forever: In California, unpaid child support arrears are unlike almost any other type of debt; they have no statute of limitations and cannot be discharged through bankruptcy. The obligation remains attached to the payor until it is paid in full, even after the child reaches adulthood.
• The Law of Arrears Means Parents Cannot Waive It: The California Appellate Court case In re Marriage of Allen (published February 6, 2026) confirmed that California law precludes parents from contractually waiving or forgiving past due child support arrearages, even once the child is an adult. This reflects California’s long-standing policy that the welfare of children is of utmost importance, and the obligation runs to the child, not the parent.
• Permanent Judgment: Because judges generally lack the authority to retroactively reduce or “forgive” support that has already accrued, arrears become a permanent judgment that can eventually be collected against your estate, personal property, or future retirement earnings.

2. California Department of Child Support Services Has Child Support Enforcement Tools

   The parent ordered to receive child support should substitute the California Department of Child Support Services (DCSS), as the “Payee.” DCSS has powerful tools to collect child support including:

Wage Garnishment, Bank Levies and Interception of Funds

• Wage Garnishment: An “Earnings Assignment Order” can be sent directly to an employer, allowing them to take up to 50% of a parent’s paycheck.
• Interception of Funds: The state can seize federal and state tax refunds, lottery winnings, and even unemployment or disability benefits.
• Bank Levies: The state can “freeze” and withdraw funds directly from checking, savings, and even retirement accounts.

Professional License, Driver’s License, Passport Restrictions

Non-payment of child support can strip an obliged parent of their right to travel and legally drive:

• License Suspension: The DMV can suspend your driver’s license.
• Professional license Suspension: Professional licenses including those of physicians, doctors, lawyers, contractors, and even barbers—can be suspended until a payment plan is established.
• Passport Denial: If you owe more than $2,500, the U.S. State Department may refuse to issue or renew your passport until the past due child support is addressed.

Contempt of Court and Potential Jail Time

While California prefers to compel payment, a trip to jail is a possibility. If a parent is found to be in “Willful Contempt,” meaning they had the ability to pay but chose not to, a judge can order:

• Fines and community service.
• Up to five days in county jail for each month of non-payment.

3. Does Non-Payment of Child Support Affect Visitation with the Child? No.

   This is a critical point of law: In California, child support and visitation are legally separate issues. A custodial parent cannot violate a court-ordered custody and visitation schedule in retaliationby refusing to let the debtor parent see the child during their court-ordered parenting time. The reason is that California Child Custody and Parenting Schedules are ordered by the court based on findings regarding the child’s best interest, not as a tool for financial leverage. For more information on this issue, read this article which explains why the Court will never order a reduction in custody time as a “punishment.”

4. What Should the Paying Parent Do If Payments Become Impossible?

   The parent ordered to pay child support must file a formal Request for Order (RFO) with the Courtto modify the order. Crucially, the modification is only effective from the date you file and serve the RFO, not the date your financial hardship began.
   Read this article for step-by-step instructions on how to prepare, file and serve a request to modify support.

 

30 Years of Navigating Child Support Complexities on Behalf of Payors and Payees

Whether you are trying to collect what your child is owed or you’ve suffered a job loss and need to modify your payments before the interest consumes you, you need experienced counsel. Top Rated Woodland Hills Family Law Attorney Galen Gentry has spent 30 years in Los Angeles County  family law courts, protecting people’s rights and the financial future of their families. He knows how to navigate the Courts and the Department of Child Support Services.

Call us to schedule your Free Strategy Session with Mr. Gentry, or use the orange contact form to schedule.