Child Support Enforcement Demand Letters

Comprehensive guide to collecting unpaid child support when the other parent falls behind on court-ordered payments in California.

When a parent falls behind on child support, children suffer. California provides powerful enforcement tools, but government agencies can be slow and impersonal. A strategic demand letter - especially from an attorney - often resolves arrears faster than waiting in the DCSS queue, while creating the paper trail you need if court enforcement becomes necessary.

Prerequisites: This guide assumes you have an existing child support order from a California court, or a valid order from another state that's been registered in California. If you don't have an order yet, your first step is establishing one through family court or the Department of Child Support Services (DCSS).

Why Send a Demand Letter First?

Before jumping to wage garnishment or contempt motions, a well-crafted demand letter serves several strategic purposes:

Purpose Why It Matters
Speed DCSS enforcement can take months. A letter demanding payment within 14 days often gets faster results, especially when the payor has funds but has been treating support as optional.
Creates Urgency Attorney letterhead signals that continued non-payment will have real consequences. Many payors need this wake-up call.
Documents Intent For a later contempt motion, you need to show "willful" non-payment. A letter proving the payor knew about the arrears and had an opportunity to cure strengthens that case.
Opens Negotiation Sometimes the payor genuinely can't pay the full amount immediately. A letter offering a payment plan may get you money faster than forcing a contempt hearing.
Preserves Relationships Co-parenting continues for years. A private demand is less adversarial than immediately hauling the other parent into court.

Common Non-Payment Scenarios

1. The Sporadic Payer

Pays sometimes, partial amounts, always late. May genuinely have cash flow issues, or may be testing boundaries. Letter should document the pattern and demand consistency, with a clear catch-up plan for arrears.

2. The Complete Shutdown

Was paying regularly, then stopped entirely. Often triggered by job loss, new relationship, or spite after a custody dispute. If they're still earning/spending visibly, this is the clearest case for aggressive enforcement.

3. The Self-Employed Evader

Claims poverty while running a cash business, driving a nice car, and taking vacations. Wage garnishment won't work. You need forensic pressure: subpoenas, lifestyle analysis, and ultimately income imputation.

4. The Out-of-State Payor

Moved to another state, thinking distance provides protection. California orders remain enforceable through the Uniform Interstate Family Support Act (UIFSA). The letter should make clear you'll pursue registration and enforcement in their new state.

5. The Modification Procrastinator

Lost their job and genuinely can't pay the ordered amount, but never filed to modify. They owe every dollar that accrued at the old rate until a modification order is entered - modifications are not retroactive.

Important distinction: If the payor has experienced genuine hardship (job loss, disability, incarceration), the appropriate remedy is a motion to modify support going forward. But they still owe all arrears that accrued before modification. "I can't afford it" is not a defense to past-due amounts under the existing order.

DCSS vs. Private Attorney Enforcement

Factor DCSS/LCSA Private Attorney
Cost Free (taxpayer-funded) Attorney fees apply
Speed Slow - high caseloads, bureaucratic Fast - your case gets full attention
Locate Tools Excellent - access to DMV, employment, tax records Limited to public records and discovery
Interstate Automatic coordination with other states Must register order and coordinate yourself
Aggression Follows standard protocols Customized strategy, more pressure
Best For Long-term enforcement, W-2 employees, interstate Quick resolution, self-employed payors, contempt

Hybrid approach: Keep your DCSS case open for wage assignment and tax intercepts, while using a private attorney for aggressive contempt motions and collection against self-employed payors.

California Child Support Legal Framework

Governing Statutes

Interest on Arrears

Under California Family Code § 155.5, unpaid child support accrues interest at 10% per year, simple interest. This is mandatory - neither party can waive it, and courts cannot reduce it.

Example calculation:
Principal arrears: $12,000
Time unpaid: 2 years
Interest: $12,000 × 10% × 2 = $2,400
Total owed: $14,400

For older arrears, this interest compounds significantly. A $50,000 principal balance from 10 years ago now has $50,000+ in accrued interest.

The Contempt Standard

Contempt of court is the most powerful enforcement tool - the payor can be jailed for up to 5 days per violation (each missed payment is a separate violation). But contempt requires proving:

  1. Valid order existed: Clear, specific support order from the court
  2. Payor knew of the order: Was served or present when order made
  3. Payor had ability to pay: Had or could have had the money
  4. Willful failure: Chose not to pay despite ability

The "ability to pay" element is where cases are won or lost. If the payor can show genuine inability (not just inconvenience), contempt fails. This is why documenting lifestyle and spending is crucial.

Modification vs. Enforcement

A critical legal principle: modifications are prospective only. Even if the payor files a motion to reduce support, they owe every dollar at the old rate until the court enters a new order. The filing date of the modification motion is the earliest the new rate can apply.

This means:

No retroactive reduction: Courts cannot go back and reduce support that was already due. The payor's only protection is to file for modification immediately when circumstances change - and even then, only from the filing date forward.

License Suspension Limits (SB 1055)

California can suspend driver's licenses and professional licenses for child support arrears. However, SB 1055 (effective 2017) limits this remedy:

This makes license suspension less useful for lower-income payors, but remains powerful leverage for those earning above the threshold.

Complete Enforcement Toolkit

California provides an extensive arsenal for collecting child support. Understanding all available tools helps you choose the right approach and demonstrate in your demand letter that you're serious.

Wage Garnishment (Income Withholding Order)

How it works: Order served on employer requiring them to withhold support from each paycheck and send it directly to State Disbursement Unit.

Limits: Up to 50% of disposable earnings (65% if supporting another family or 12+ weeks behind)

Best for: W-2 employees with stable jobs

Weakness: Useless for self-employed, cash workers, or those who change jobs frequently

Bank Account Levy

How it works: Sheriff freezes and seizes funds from known bank accounts

Best for: Self-employed with identifiable accounts, one-time seizure of lump sum

Weakness: Requires knowing where accounts are held; payor may move money

Tax Refund Intercept

Federal: IRS intercepts federal tax refunds and sends to DCSS (for cases with at least $500 arrears)

State: FTB intercepts California refunds, lottery winnings

Best for: Payors who get tax refunds; catches annual lump sum

Weakness: Only works once a year; payor can adjust withholding to minimize refund

Real Property Lien

How it works: Child support judgment creates automatic lien on California real property; can be enforced to force sale

Best for: Payors who own real estate

Weakness: Slow process; homestead exemption may protect equity; lien doesn't produce immediate cash

License Suspension

Driver's license: DMV suspends until payor establishes payment plan

Professional licenses: State licensing boards can suspend (contractor, nursing, law, real estate, etc.)

Recreational licenses: Hunting, fishing licenses

Best for: Professionals who need licenses to work

Weakness: SB 1055 limits; may be counterproductive if payor needs license to earn income

Passport Denial

How it works: State Department denies passport applications or renewals for payors with $2,500+ arrears

Best for: Payors who travel internationally for work or pleasure

Weakness: Only matters if they need a passport

Credit Bureau Reporting

How it works: DCSS reports arrears to credit bureaus, damaging credit score

Best for: Payors who care about their credit

Weakness: Some payors don't care; doesn't produce immediate payment

Contempt of Court

How it works: Motion filed showing willful non-payment; if proven, payor can be jailed up to 5 days per violation

Best for: Payors who have money but refuse to pay; creates strongest pressure

Weakness: Requires proving ability to pay; payor in jail can't earn; time-consuming court process

Earnings Assignment from Other Sources

Enforcement Strategy by Payor Type

W-2 Employee with Stable Job

  1. Demand letter with 14-day deadline
  2. If no response, immediate wage assignment order
  3. Tax refund intercept for arrears
  4. Contempt only if they quit job to avoid garnishment

Self-Employed / Cash Business

  1. Demand letter emphasizing subpoena power and lifestyle analysis
  2. Subpoena business bank accounts and financial records
  3. Motion to impute income based on lifestyle
  4. Bank levy on business and personal accounts
  5. Contempt with evidence of hidden income

Out-of-State Payor

  1. Demand letter noting UIFSA enforcement rights
  2. Register California order in payor's state
  3. Coordinate with other state's DCSS equivalent
  4. Wage garnishment through their employer

Payor with Assets but No Income

  1. Property lien on real estate
  2. Bank levy
  3. Force sale of non-exempt assets
  4. Contempt if living well without reported income

Evidence Gathering

The strength of your enforcement action depends on the evidence you've gathered. Start collecting before you send the demand letter.

Core Documents

☐ Current child support order (judgment, stipulation, or DCSS order)

☐ Any modifications to the original order

☐ Divorce judgment or parentage order establishing support

☐ DCSS/LCSA case number and correspondence

Payment Records

☐ Official payment history from DCSS or court

☐ Bank statements showing deposits (or lack thereof)

☐ Copies of checks received

☐ Venmo/Zelle/PayPal records

☐ Wage garnishment stubs (if any)

☐ Your own ledger of payments received with dates and amounts

Payor's Financial Information

☐ Current employer name and address

☐ Approximate salary (from prior disclosures, LinkedIn, or research)

☐ Known bank accounts

☐ Real property owned (county assessor records)

☐ Vehicles owned (may require DMV request)

☐ Business interests

Lifestyle Evidence (for "Ability to Pay")

☐ Social media posts showing vacations, purchases, lifestyle

☐ Photos of new car, home improvements, expensive hobbies

☐ Evidence of new spouse/partner's income if commingled

☐ Business website showing active, profitable operation

☐ Any public records showing assets (property transfers, court filings)

Communication History

☐ Text messages discussing support

☐ Emails about payment or excuses

☐ Voicemails (transcribed)

☐ Your prior written demands and their responses

☐ Any admissions of ability to pay or promises to pay

Calculating Arrears

Simple Arrears Calculation

Element Amount
Monthly support ordered $[amount]
Number of months unpaid or underpaid [number]
Partial payments received - $[amount]
Principal arrears $[amount]
Interest at 10% per annum + $[amount]
TOTAL OWED $[amount]

Getting Official Arrears Statement

If DCSS is involved in your case, request a current statement of arrears. This is the most authoritative calculation and will be what the court relies on. The statement includes:

Strategic Considerations

When to Offer a Payment Plan

Not every case should be "pay in full or else." Consider offering a payment plan when:

Payment Plan Structure

  1. Immediate good-faith payment: $[X] within 14 days
  2. Current support: Full monthly amount on the 1st going forward
  3. Arrears paydown: Additional $[X] per month until caught up
  4. Windfalls: Tax refunds, bonuses, inheritance applied to arrears
  5. Default clause: Any missed payment makes full balance due immediately

When to Skip the Letter and Go to Court

Demand Letter Templates

Template 1: Standard Arrears Demand

Use when: Payor has fallen behind but hasn't been completely uncooperative. Firm but leaves room for resolution.

Re: Child Support Arrears - [Your Name] v. [Payor Name] [Court Name], Case No. [Number] Dear [Payor Name]: I represent [Client Name] regarding your child support obligation for your [son/daughter/children], [Child's Name(s)]. THE ORDER On [date], the [Court Name] entered an order requiring you to pay $[amount] per month in child support, due on the [1st/15th] of each month. [If modified: This order was modified on [date] to $[amount] per month.] A true and correct copy of this order is attached. THE ARREARS You have failed to make payments as ordered. As of [date], you are in arrears as follows: Months of non-payment or underpayment: [list or summary] Principal arrears: $[amount] Interest at 10% per annum (Family Code § 155.5): $[amount] TOTAL ARREARS: $[amount] This balance continues to accrue interest at the rate of $[daily amount] per day. YOUR OPTIONS I am writing to give you an opportunity to resolve this matter before my client pursues formal enforcement remedies. You have the following options: Option 1 - Pay in Full: Pay $[total amount] within 14 days of this letter. Payment should be made by [cashier's check/wire transfer] to [payment details]. Option 2 - Payment Plan: If you cannot pay the full amount immediately, contact me within 7 days to propose a reasonable payment plan that includes: (a) an immediate good-faith payment of at least $[amount]; (b) full current monthly support going forward; and (c) additional monthly payments toward arrears until paid. CONSEQUENCES OF NON-PAYMENT If you do not respond to this letter or fail to make satisfactory arrangements, my client will pursue all available enforcement remedies, which may include: • Wage garnishment through your employer • Levy on your bank accounts • Interception of your tax refunds (state and federal) • Liens on any real property you own • Suspension of your driver's license • Suspension of any professional licenses • Denial of passport renewal • Motion for contempt of court - each month of willful non-payment is a separate violation punishable by up to 5 days in jail • Referral to the Department of Child Support Services for ongoing enforcement Your [son/daughter/children] [is/are] entitled to the support ordered by the court. Please contact me immediately at [phone/email] to resolve this matter. This letter is not intended to waive any rights or remedies, all of which are expressly reserved. Very truly yours, [Attorney Name] [Bar Number] [Contact Information] Enclosure: Child Support Order

Template 2: Aggressive Demand - Chronic Non-Payment

Use when: Payor has a pattern of non-payment, has ignored prior requests, and appears to be willfully avoiding support.

Re: FINAL DEMAND - Child Support Arrears [Your Name] v. [Payor Name] - Case No. [Number] ARREARS: $[amount] AND ACCRUING SENT VIA CERTIFIED MAIL AND EMAIL Dear [Payor Name]: I represent [Client Name] regarding your willful failure to pay court-ordered child support for [Child's Name(s)]. HISTORY OF NON-PAYMENT You have repeatedly failed to meet your child support obligation despite a valid court order: Order entered: [date], requiring $[amount]/month Total months of violation: [number] Total arrears with interest: $[amount] Your pattern of non-payment is not the result of inability - it is a choice. We are aware that you: [Continue to work at [employer] / operate [business name]] [Recently purchased/leased [vehicle/property]] [Took a vacation to [destination] on [approximate date]] [Maintain [describe visible lifestyle indicators]] Your claimed inability to pay is not credible. THIS IS YOUR FINAL OPPORTUNITY You must take ONE of the following actions within 10 days: 1. Pay $[total amount] in full by cashier's check or wire transfer; OR 2. Contact me to arrange a payment plan that includes a substantial immediate payment of at least $[amount] (approximately [X] months of arrears) and a binding agreement to pay the balance. CONSEQUENCES OF CONTINUED NON-PAYMENT If you do not respond to this letter, we will immediately pursue: 1. CONTEMPT OF COURT: Each month of non-payment is a separate count of contempt, punishable by up to 5 days in county jail per count. With [X] months of arrears, you face up to [X times 5] days in jail. We will seek the maximum penalty. 2. WAGE GARNISHMENT: If you are employed, your employer will be ordered to withhold up to 65% of your disposable income. 3. ASSET SEIZURE: We will levy your bank accounts, file liens on your property, and pursue any other assets to satisfy this judgment. 4. LICENSE SUSPENSION: Your driver's license and any professional licenses will be suspended until you establish a payment plan. 5. CRIMINAL REFERRAL: In egregious cases of willful non-payment, we will consider referral to the District Attorney for criminal prosecution. Your children have waited long enough. Pay what you owe. [Attorney Name]

Template 3: Self-Employed Payor

Use when: Payor claims low income but lifestyle suggests otherwise; wage garnishment won't work.

Re: Child Support Enforcement - [Case Name and Number] Dear [Payor Name]: I represent [Client Name] regarding your child support obligation. You are self-employed and have failed to pay the court-ordered support of $[amount] per month. As of [date], you owe $[amount] in arrears, plus interest. YOUR SELF-EMPLOYMENT DOES NOT PROTECT YOU We are aware that traditional wage garnishment is not available in your case. However, we have extensive tools to enforce this order against self-employed obligors: DISCOVERY AND FORENSIC ANALYSIS We will subpoena: • All business bank account records • Business tax returns and financial statements • 1099s issued by your clients/customers • Credit card and loan applications (which often show higher income) • Lifestyle evidence inconsistent with claimed income IMPUTED INCOME If your reported income does not support your actual lifestyle, we will move to impute income at a level consistent with: • Your earning capacity based on education and experience • Your actual standard of living • Historical earnings before the support order BUSINESS ASSET ENFORCEMENT • Levy on business accounts receivable • Garnishment of payments from your clients/customers • Liens on business equipment and inventory • Appointment of receiver over business if necessary PERSONAL LIABILITY As a self-employed person, you do not have the corporate shield that might protect employees. Your personal assets are fully exposed. THE DEMAND Pay $[amount] within 14 days. If you cannot pay in full, contact me immediately to propose a realistic payment plan based on your ACTUAL income and assets, not your tax returns. If we do not receive payment or a credible proposal, we will proceed with discovery, income imputation, and contempt proceedings. You will bear the cost of the forensic analysis that proves your true income. [Attorney Name]

Template 4: Payment Plan Offer

Use when: Payor has some ability to pay but lump sum is unrealistic; client prefers steady payments over prolonged litigation.

Re: Child Support Arrears - Proposed Resolution [Case Name and Number] Dear [Payor Name]: I represent [Client Name] regarding child support arrears of $[amount] for [Child's Name(s)]. My client understands you may be experiencing financial difficulties and is willing to consider a structured payment plan rather than immediately pursuing enforcement remedies. However, this offer is contingent on your good-faith participation. PROPOSED PAYMENT PLAN 1. IMMEDIATE PAYMENT: $[amount] (representing approximately [X] months of arrears) due within 14 days of this letter. This payment demonstrates your commitment to resolution. 2. CURRENT SUPPORT: Beginning [date], full monthly payment of $[amount] due on the 1st of each month, paid on time every month. 3. ARREARS PAYDOWN: Additional $[amount] per month toward arrears, paid with your regular monthly support, until arrears are fully satisfied. 4. WINDFALL PROVISION: Any tax refunds, bonuses, inheritance, or other lump sums exceeding $[threshold] shall have [50%] applied to arrears. 5. AUTOMATIC DEFAULT: If you miss any payment or are more than 7 days late on any payment, the ENTIRE REMAINING BALANCE becomes immediately due, and my client will pursue all enforcement remedies without further notice. If you agree to this plan, we will prepare a written stipulation to be filed with the court, making it an enforceable order. This protects both parties. DEADLINE Please respond to this offer within 14 days. If we do not hear from you, or if you reject this proposal without offering a reasonable alternative, my client will proceed with wage garnishment, bank levy, and contempt proceedings. My client would prefer to resolve this amicably. The children need consistent support, and a workable payment plan serves everyone's interests. But she will not wait indefinitely. Please contact me at [phone/email] to discuss. [Attorney Name]

Template 5: Out-of-State Payor

Use when: Payor moved to another state, may believe distance protects them.

Re: Interstate Child Support Enforcement California Order - [Court], Case No. [Number] Current Arrears: $[amount] Dear [Payor Name]: I represent [Client Name] regarding your child support obligation for [Child's Name(s)]. I understand you now reside in [State]. YOUR RELOCATION DOES NOT ELIMINATE YOUR OBLIGATION Under the Uniform Interstate Family Support Act (UIFSA), which has been adopted by all 50 states including [their state], the California child support order remains fully enforceable. Your move to [State] provides no protection from enforcement. We are prepared to: 1. Register the California order in [State] under UIFSA, making it directly enforceable there 2. Coordinate with [State]'s child support enforcement agency to pursue: • Wage garnishment through your current employer • State and federal tax refund intercepts • Bank account levies • License suspensions • Contempt proceedings in [State] courts 3. Continue enforcement in California against any assets you have here, including: • Real property liens • Bank accounts • Retirement accounts CURRENT ARREARS As of [date], you owe: Principal: $[amount] Interest: $[amount] TOTAL: $[amount] THE DEMAND Pay $[amount] within 21 days. Given the complexity of interstate enforcement, I am extending the typical deadline, but this is your only extension. If payment is not received, we will immediately register the order in [State] and pursue all available enforcement remedies. The distance between California and [State] will not protect you - it will only add complexity and expense to your situation. Contact me at [phone/email] to arrange payment. [Attorney Name]

Need Help Collecting Child Support?

I help custodial parents in California enforce child support orders and collect arrears. Here's what I can do for you:

  • Analyze your case and calculate total arrears with interest
  • Draft and send a formal demand letter on attorney letterhead via certified mail
  • Negotiate payment plans with enforceable terms
  • Coordinate with DCSS for wage assignments and tax intercepts
  • Subpoena financial records of self-employed payors
  • File and prosecute contempt motions
  • Execute on wages, bank accounts, and property
  • Handle interstate enforcement through UIFSA
Typical costs:
• Demand letter with certified mail: ~$450 (includes arrears calculation and initial follow-up negotiations)
• Payment plan negotiation and stipulation: ~$450-900 depending on complexity
• Contempt motion and hearing: ~$240/hour
• Complex enforcement (subpoenas, asset discovery): ~$240/hour

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