👪 Child Support Enforcement Overview
When a parent fails to pay court-ordered child support, California law provides powerful enforcement tools. While the Department of Child Support Services (DCSS) can help, their caseload often means delays. A well-crafted demand letter can resolve arrears faster by creating urgency and documenting your intent to pursue all available remedies.
Why Send a Demand Letter First?
A demand letter serves as a strategic first step before escalating to DCSS or court:
⚡ Creates Urgency
Puts the obligor on notice that you are serious about collection and aware of your legal rights
📋 Documents the Debt
Creates a written record of arrears, interest calculations, and your demand for payment
🕒 Faster Resolution
May resolve the matter in weeks instead of months waiting for DCSS processing
⚖ Strengthens Court Case
Shows the court you made reasonable efforts before seeking contempt or other sanctions
💰 California Charges 10% Interest
Under Family Code Section 155.5, unpaid child support accrues interest at 10% per year from the date each payment was due. This adds up quickly - a $10,000 arrearage earns $1,000 in interest annually. Your demand letter should include a full interest calculation to show the true amount owed.
When to Use This Guide
This guide is for California parents who:
- Have an existing California child support order (or valid out-of-state order registered in CA)
- Are owed past-due child support payments
- Want to pursue collection before or alongside DCSS involvement
- Need to document their enforcement efforts for court
⚠ Prerequisite: You Need a Court Order
These enforcement tools require a valid child support order from a California court, or a valid order from another state that has been registered in California. If you do not have an order yet, your first step is establishing one through family court or DCSS.
⚖ California Legal Framework
California has comprehensive child support enforcement laws in the Family Code. Understanding these provisions strengthens your demand letter and demonstrates your knowledge of available remedies.
Key California Family Code Sections
Family Code Section 155.5 - Interest on Arrears
Mandates 10% annual interest on child support arrears from the date each payment was due. Interest compounds and continues until full payment. This is one of the highest support interest rates in the country.
Family Code Section 5100-5110 - Earnings Assignment
Authorizes wage garnishment for child support. Employers must comply with earnings assignment orders. Up to 50-65% of disposable income can be garnished depending on circumstances.
Family Code Section 17520 - License Suspension
Allows suspension of driver's licenses, professional licenses, and recreational licenses when support is more than 30 days past due. Provides 150-day notice period before suspension.
Family Code Section 290 - Contempt of Court
Willful failure to pay child support can result in contempt findings with penalties including up to 5 days in jail per count, fines, and payment of the other party's attorney fees.
42 U.S.C. Section 652(k) - Passport Denial
Federal law authorizes passport denial, revocation, or restriction when child support arrears exceed $2,500. California DCSS reports to the federal Office of Child Support Enforcement.
Statute of Limitations
💡 Child Support Judgments Last 10 Years
Under California Code of Civil Procedure Section 683.020, child support judgments are enforceable for 10 years and can be renewed. Each missed payment becomes a separate judgment from its due date. Unlike some other judgments, child support arrears cannot be discharged in bankruptcy under 11 U.S.C. 523(a)(5).
💪 California Enforcement Tools
California provides multiple enforcement mechanisms. Your demand letter should reference these tools to demonstrate the serious consequences of continued non-payment.
Enforcement Options by Severity
💰 Wage Garnishment (Earnings Assignment)
▼The most common enforcement tool. Under Family Code Sections 5100-5110:
- 50% of disposable income if supporting another spouse/children
- 60% of disposable income if not supporting others
- Additional 5% if more than 12 weeks overdue (max 65%)
- Employers must comply within 10 days of receiving order
- Continues automatically until arrears are paid
You can obtain an earnings assignment order through the court or DCSS.
🚗 Driver's License Suspension
▼Under Family Code Section 17520, DCSS can suspend driver's licenses when:
- Child support is more than 30 days past due
- Obligor receives 150-day notice to resolve
- Suspension continues until payment plan established or arrears paid
- Can request hearing to contest or establish payment plan
The threat of losing driving privileges is highly motivating for most obligors.
💼 Professional License Suspension
▼California can suspend professional and occupational licenses including:
- Contractor licenses (CSLB)
- Real estate licenses (DRE)
- Medical and nursing licenses
- Attorney licenses (State Bar)
- Teaching credentials
- Any state-issued professional license
For self-employed or professional obligors, this is often the most powerful leverage.
✈ Passport Denial
▼Under federal law (42 U.S.C. 652(k)), when arrears exceed $2,500:
- State Department can deny new passport applications
- Existing passports can be revoked or restricted
- DCSS automatically reports to federal OCSE
- Only removed when arrears fall below $2,500 or payment plan established
Particularly effective for obligors who travel internationally for work or leisure.
⚖ Contempt of Court
▼The most serious enforcement tool. Under Family Code Section 290:
- Requires proof of willful failure to pay
- Up to 5 days in jail for each count of contempt
- Each missed payment can be a separate count
- Court can order payment of your attorney fees
- Creates criminal record
Courts take contempt seriously but require clear evidence of ability to pay.
💳 Bank Levies and Asset Seizure
▼Child support judgments can be collected like any other judgment:
- Bank account levies
- Tax refund intercepts (state and federal)
- Liens on real property
- Seizure of personal property
- Lottery winnings intercept
These require additional court orders or DCSS involvement.
Enforcement Comparison
| Tool | Trigger | Impact |
|---|---|---|
| Wage Garnishment | Any arrears | Up to 65% of wages |
| License Suspension | 30+ days past due | Cannot drive or practice profession |
| Passport Denial | $2,500+ arrears | Cannot travel internationally |
| Contempt | Willful non-payment | Up to 5 days jail per count |
| Credit Reporting | Any arrears | Damaged credit score |
⚠ Criminal Prosecution
In extreme cases, willful failure to pay child support can be prosecuted as a crime under California Penal Code Section 270. This is typically reserved for cases with large arrears and clear evidence of ability to pay. Federal prosecution under 18 U.S.C. 228 is possible for interstate cases exceeding $5,000 or one year overdue.
💰 Arrears & Interest Calculator
California's 10% annual interest rate significantly increases the total amount owed. Include an accurate interest calculation in your demand letter.
📊 Sample Interest Calculation
Example: $1,000/month support, 6 months unpaid, oldest payment 6 months ago
Interest Calculation Formula
For each missed payment, calculate interest using this formula:
💡 Monthly Interest Calculation
Interest = Principal x (10% / 12) x Months Past Due
Example: $1,000 payment, 6 months past due
$1,000 x (0.10 / 12) x 6 = $50.00 in interest
Long-Term Impact of 10% Interest
| Arrears Amount | 1 Year Interest | 3 Year Interest | 5 Year Interest |
|---|---|---|---|
| $5,000 | $500 | $1,500 | $2,500 |
| $10,000 | $1,000 | $3,000 | $5,000 |
| $25,000 | $2,500 | $7,500 | $12,500 |
| $50,000 | $5,000 | $15,000 | $25,000 |
⚠ Interest Continues Accruing
Interest does not stop accruing until the arrears are paid in full. Even if payments resume, interest continues on the unpaid balance. This creates strong incentive for the obligor to pay arrears quickly rather than just resuming current payments.
📄 Sample Demand Letter
Use this template to demand payment of child support arrears. Replace all highlighted placeholders with your specific information.
Opening - Establish the Debt
Interest Calculation
Legal Consequences Warning
Demand and Deadline
📝 Need a Professional Demand Letter?
I draft professional child support enforcement demand letters with accurate interest calculations and proper legal citations. Each letter is customized to your specific situation. Contact me or book a consultation.
🚀 Escalating to DCSS or Court
If your demand letter does not result in payment, you have several escalation options. A demand letter positions this as a "pre-DCSS" step, giving the obligor one last chance to resolve privately.
California DCSS (Department of Child Support Services)
✓ Free Services
DCSS provides enforcement services at no cost to custodial parents
✓ Full Enforcement Powers
Can implement wage garnishment, license suspension, tax intercepts
⚠ Processing Time
Cases can take 60-90 days or longer to process and implement
⚠ Limited Communication
High caseloads mean less personalized attention to your case
When to Escalate
🚫 No Response to Demand Letter
▼If the obligor ignores your demand letter entirely, escalate to:
- DCSS: Open a case for enforcement - free services
- Court: File motion for earnings assignment order
- Attorney: Consider hiring counsel for contempt motion
Your documented demand letter shows the court you made reasonable efforts first.
🔴 Partial Payment or Excuses
▼If the obligor makes partial payment or offers excuses:
- Accept partial payment but send follow-up letter for balance
- Set clear deadline for remaining amount
- If legitimate hardship, consider formal payment plan through court
- Do not agree to reduce the court-ordered amount without court modification
🔄 Self-Employed or Hidden Income
▼If the obligor is self-employed or hiding income:
- DCSS has tools to investigate income
- Professional license suspension is particularly effective
- Court can impute income based on earning capacity
- Consider hiring a forensic accountant for large arrears cases
⚖ Contempt of Court Motion
▼Contempt is appropriate when:
- Obligor clearly has ability to pay but refuses
- Pattern of willful non-payment despite other enforcement
- Large arrears accumulated over extended period
- You have evidence of income or assets
An attorney is highly recommended for contempt proceedings.
DCSS vs. Private Attorney
| Factor | DCSS | Private Attorney |
|---|---|---|
| Cost | Free | $3,000-$10,000+ |
| Speed | 60-90+ days | 30-60 days |
| Personal Attention | Limited | High |
| Contempt Actions | Rarely pursued | Available |
| Best For | Simple wage garnishment cases | Complex cases, self-employed, contempt |
Ready to Collect What You Are Owed?
I help California parents enforce child support orders. From demand letters to court representation, I can help you get results.
Schedule Consultation❓ Frequently Asked Questions
California charges 10% annual interest on unpaid child support under Family Code Section 155.5. This is one of the highest rates in the country. Interest accrues from the date each payment was due and continues until the full balance is paid. Include this interest in your demand letter to show the true amount owed.
Yes. Under Family Code Section 17520, California can suspend driver's licenses, professional licenses, and recreational licenses when child support is more than 30 days past due. DCSS sends a notice giving 150 days to resolve before suspension takes effect. This includes contractor licenses, real estate licenses, medical licenses, and any state-issued professional credential.
California allows garnishment of up to 50% of disposable income if the obligor is supporting another spouse or children, or up to 60% if not supporting others. An additional 5% can be garnished if payments are more than 12 weeks overdue, for a maximum of 65%.
Yes. Under federal law (42 U.S.C. Section 652(k)), the State Department can deny, revoke, or restrict passports when child support arrears exceed $2,500. California DCSS automatically reports delinquent obligors to the federal Office of Child Support Enforcement. The restriction is only removed when arrears fall below the threshold or a satisfactory payment plan is established.
Contempt of court is a judicial finding that someone willfully disobeyed a court order. For child support, you must prove the obligor had the ability to pay but chose not to. Penalties under Family Code Section 290 include up to 5 days in jail for each count of contempt, fines, and payment of your attorney fees. Each missed payment can be a separate count.
A demand letter can be a faster first step because DCSS cases often take 60-90 days or longer to process. A well-crafted demand letter creates urgency, documents your claim with interest calculations, and may resolve the matter without government intervention. If the obligor ignores the letter, you have documented evidence for DCSS or court showing you made reasonable efforts to resolve privately.
No. Child support arrears cannot be discharged in bankruptcy under 11 U.S.C. 523(a)(5). This is a non-dischargeable debt, meaning the obligor cannot escape it through bankruptcy. The debt survives any bankruptcy filing and enforcement can continue.
Child support judgments are enforceable for 10 years and can be renewed under California Code of Civil Procedure Section 683.020. Each missed payment becomes a separate judgment from its due date. There is no statute of limitations on collecting child support arrears, though individual payments may become stale if not renewed.
Your Children Deserve Support
Do not let unpaid child support continue. I help California parents enforce support orders and collect arrears with interest.
Book a ConsultationOr email me directly: owner@terms.law