Child Support Enforcement FAQ

California provides one of the nation's most comprehensive arrays of enforcement mechanisms to collect unpaid child support, codified primarily in Family Code Division 17. These powerful tools recognize that child support is a priority obligation that must be enforced to protect children's welfare. The primary enforcement methods include automatic wage withholding (income assignment) under Family Code Section 5230, contempt of court proceedings under Family Code Section 4570 with potential jail time, suspension of driver's licenses under Family Code Section 17520, suspension of professional and occupational licenses under Business and Professions Code Section 494.5, interception of state and federal tax refunds under Family Code Section 17510, placement of liens on real and personal property under Family Code Section 17523, credit bureau reporting under Family Code Section 17550, and bank account levies and asset seizures under Code of Civil Procedure Section 699.010.

Additional enforcement tools include denial or revocation of passports for arrears exceeding $2,500 under 42 U.S.C. Section 652(k), property execution and sale, vehicle registration holds preventing renewal, workers' compensation benefit intercepts, lottery and gambling winning intercepts, and financial institution data matches to locate assets. Cases can be referred to the Department of Child Support Services (DCSS), which has broad administrative enforcement powers including direct access to wage data, financial records, and the authority to implement many enforcement actions without court hearings. The DCSS can also pursue interstate enforcement through the Uniform Interstate Family Support Act when obligors move to other states. These enforcement tools can be used individually or in combination, and many operate automatically once initiated, creating substantial pressure on obligors to pay their support obligations.

Wage garnishment, officially called income withholding or income assignment, is the primary and most effective enforcement method for child support in California under Family Code Section 5230 et seq. An Income Withholding for Support order (form FL-195) is sent to the obligor's employer, requiring the employer to deduct child support directly from the employee's wages before the employee receives their paycheck and remit it to the State Disbursement Unit (SDU), which then forwards payment to the custodial parent. This withholding is automatic and mandatory for all child support orders issued or modified after January 1, 1994, regardless of whether the obligor is current or delinquent on support. For orders before that date, withholding is implemented when arrears accrue or upon request.

Employers must implement the withholding within 10 days of receiving the order and continue withholding until notified otherwise by the court or DCSS. The withholding includes both current support and, if arrears exist, an additional amount toward arrears repayment (typically 20% of the current support amount or more by agreement). Federal law limits the total amount that can be withheld to 50% of disposable income if the obligor is supporting another family, or 60% if not, with an additional 5% allowed if arrears are more than 12 weeks old. Employers who fail to comply can be held liable for amounts they should have withheld. The wage assignment has priority over most other garnishments except tax levies and certain bankruptcy orders. Even if an obligor changes jobs, once the new employer is identified, a new wage assignment is issued, creating continuous enforcement throughout the obligor's working life.

Yes, under Family Code Section 4570 and Code of Civil Procedure Section 1209, failure to pay court-ordered child support can result in contempt of court, which may include incarceration. However, jail time is not automatic—the court must find that the parent had the ability to pay but willfully refused to do so. There are two types of contempt: civil contempt (designed to compel compliance) and criminal contempt (designed to punish past noncompliance). For civil contempt, the obligor can "carry the keys to the jail cell" by paying the arrears or agreeing to a payment plan. For criminal contempt, proof must be beyond a reasonable doubt, and sentences can range from days to six months for each contempt count.

The contempt process requires an Order to Show Cause hearing where the custodial parent or DCSS must prove that a valid support order existed, the obligor knew about the order, and the obligor willfully violated it. The critical element is willfulness—the obligor must have had the ability to pay but chose not to. If the obligor genuinely lacked the ability to pay due to job loss, disability, or other circumstances beyond their control, contempt should not be found. However, voluntarily quitting a job or hiding income does not excuse payment. Courts examine the obligor's income, assets, living expenses, lifestyle, and employment efforts. Incarceration is typically reserved for egregious cases where the obligor clearly has the means to pay but refuses, such as hiding income, working under the table, or spending money on luxuries while claiming inability to pay support. The threat of jail can be a powerful motivator for compliance.

Under Family Code Section 17520, the Department of Child Support Services has authority to seek suspension of an obligor's driver's license when the obligor is delinquent in paying child support. This enforcement tool recognizes that driving privileges are important enough that the threat of suspension motivates compliance. The DCSS must provide advance notice to the obligor, informing them of the delinquency amount and the intent to suspend the license. The notice must explain the obligor's right to request a review and the grounds for contesting suspension. If the obligor requests review within 30 days, the DCSS must schedule a review before implementing suspension.

The obligor can prevent suspension by paying the arrears in full, establishing a payment plan with the DCSS and making all required payments, or demonstrating that license suspension would impose an extreme hardship by preventing the obligor from earning income to pay support (for example, if driving is essential for work). Simply claiming inconvenience is insufficient—the hardship must be substantial. If none of these conditions are met, the DCSS certifies the delinquency to the Department of Motor Vehicles, which suspends the license. The obligor cannot legally drive while the license is suspended, and driving on a suspended license is a criminal misdemeanor. The suspension continues until the obligor complies with the payment plan or pays the arrears. This creates strong incentive to pay support because loss of driving privileges can significantly impact employment, daily activities, and quality of life.

To file a contempt action for unpaid child support, the custodial parent or the Department of Child Support Services files an Order to Show Cause and Affidavit for Contempt (Judicial Council form FL-410) with the court that issued the support order. The affidavit must specify each violation with particularity, including the specific dates when payments were due, the amounts that were due, the amounts actually paid (if any), and the total arrears. The court schedules a hearing, typically within 30-45 days, and issues an Order to Show Cause directing the obligor to appear and explain why they should not be held in contempt. The obligor must be personally served with the Order to Show Cause and supporting documents—mail service is insufficient for contempt proceedings.

At the contempt hearing, the petitioner (custodial parent or DCSS) bears the burden of proving four elements: that a valid court order existed requiring the obligor to pay support, that the obligor had knowledge of the order (usually shown by proof of service of the original order), that the obligor had the ability to comply with the order, and that the obligor willfully violated the order by failing to pay. The most contested issue is typically ability to pay. The petitioner must present evidence of the obligor's income, employment, assets, and financial circumstances. The obligor can defend by proving inability to pay through job loss, disability, or other circumstances beyond their control. If the court finds contempt, remedies can include jail time (up to six months per count for criminal contempt, or until compliance for civil contempt), monetary sanctions, attorney's fees, and ordering a specific payment plan. The court must make detailed findings supporting the contempt finding.

Yes, under Family Code Section 17510 and federal law (42 U.S.C. § 664), both California state tax refunds and federal tax refunds can be intercepted to satisfy child support arrears. This is one of the most effective enforcement tools because it captures money directly from the government before the obligor receives it. The Department of Child Support Services submits information about delinquent obligors to the California Franchise Tax Board for state tax intercept and to the federal Office of Child Support Enforcement for federal tax intercept through the Treasury Offset Program. For federal tax intercept, the arrears must exceed $150 if the custodial parent is receiving public assistance, or $500 for non-assistance cases.

The process is largely automatic. The DCSS maintains records of arrears and regularly submits lists of delinquent obligors to the tax authorities. When a tax refund is due, it is intercepted and applied to the child support arrears. The obligor receives advance notice (typically 60-90 days before tax season) that they are subject to tax refund intercept and has the right to contest the amount of arrears claimed. If the obligor disputes the arrears amount, they can request review and provide evidence of payments made. Once the refund is intercepted, the obligor receives notice explaining the intercept amount and how it was applied to arrears. If the obligor filed a joint return with a new spouse, the new spouse may file an injured spouse claim to receive their portion of the refund. Tax intercept is particularly effective because obligors often receive substantial refunds due to Earned Income Tax Credits and cannot hide or spend the money before it's captured for support.

Under Family Code Section 17550, the Department of Child Support Services is required to report child support arrears exceeding $1,000 to consumer credit reporting agencies (the three major bureaus: Equifax, Experian, and TransUnion). This creates significant financial consequences for delinquent obligors because negative credit reporting can substantially damage credit scores, affecting the ability to obtain loans, mortgages, credit cards, apartment rentals, and in some cases employment, as many employers check credit reports. Credit reporting serves both as punishment for nonpayment and incentive for compliance, as obligors often prioritize clearing their credit to improve their financial opportunities.

The DCSS must provide advance notice to the obligor before reporting arrears to credit bureaus, typically 30 days' notice stating the amount to be reported and the obligor's right to contest the accuracy of the debt. The obligor can dispute the reported information by providing evidence that the arrears amount is incorrect, that payments were made but not credited, or that the obligation has been modified. Only verified arrears—amounts that are actually owed under valid court orders—can be reported. The credit reporting must accurately reflect the payment history, including both delinquencies and any subsequent payments that reduce arrears. Once reported, the delinquency remains on credit reports for up to seven years, even if the debt is later paid, though it will be updated to show paid status. The credit damage provides long-term consequences that can motivate obligors to stay current on support or catch up on arrears to minimize credit impact.

Yes, California Business and Professions Code Section 494.5 requires state licensing boards to suspend professional and occupational licenses when the Department of Child Support Services certifies that the licensee is not in compliance with a child support order or a related judgment. This powerful enforcement tool applies to virtually all state-issued professional and occupational licenses including medical licenses, dental licenses, law licenses, nursing licenses, pharmacy licenses, contractor licenses, real estate licenses, accounting licenses, cosmetology licenses, barbering licenses, and hundreds of other licensed professions and occupations. The breadth of this statute means that license suspension threatens the livelihood of many obligors, creating strong incentive for compliance.

The process begins when DCSS identifies a licensee who is delinquent in child support. The DCSS provides notice to the obligor of the intent to certify noncompliance to the licensing board, and the obligor has the right to request review within 30 days. If the obligor disputes the delinquency or claims it would be unjust to suspend the license, they can present evidence at the review. If the DCSS determines certification is warranted, it notifies the appropriate licensing board, which is then required by law to suspend the license. The suspension continues until the DCSS issues a release certifying that the obligor has achieved compliance, which typically means paying arrears in full or establishing and maintaining a payment plan. While the license is suspended, the obligor cannot legally work in their licensed profession, effectively cutting off their livelihood. This creates enormous pressure to pay support, though it also creates a paradox: the obligor needs to work to earn money to pay support, but cannot work while the license is suspended.

Under Family Code Section 17523, child support arrears automatically become a judgment by operation of law, and this judgment can be enforced as a lien on the obligor's real property (real estate) and personal property (vehicles, business assets, etc.). A lien is a legal claim against property that must be satisfied before the property can be sold or refinanced. The custodial parent or DCSS can record a certified copy of the support order showing the arrears amount with the county recorder in any county where the obligor owns or may acquire property. Once recorded, the lien attaches to all real property the obligor owns in that county and any property subsequently acquired.

Liens are particularly effective because they operate silently in the background until the obligor tries to sell or refinance property, at which point the lien must be paid from the proceeds. For example, if an obligor with $30,000 in child support arrears tries to sell their house, the title company will discover the lien during the title search and require it to be paid from the sale proceeds before the obligor receives any money. Similarly, liens can be filed with the Secretary of State to attach to personal property such as vehicles, boats, or business equipment. The lien follows the property, so even if the obligor transfers the property, the lien remains. Liens also accrue interest at the legal rate (currently 10% per year under Code of Civil Procedure Section 685.010), so the debt grows over time. While liens don't immediately collect money, they ensure that the obligor cannot profit from property ownership without first satisfying the child support debt, making them valuable long-term collection tools.

Yes, child support arrears can be collected through bank account levies under Code of Civil Procedure Section 699.010 and Family Code Section 5100 et seq. Once a support order creates a judgment for arrears (which happens automatically under Family Code Section 17400), a writ of execution can be issued directing the sheriff, marshal, or DCSS to levy the obligor's bank accounts, investment accounts, and other financial accounts. Bank levies are one of the most direct and effective collection methods because they immediately freeze and seize money that is otherwise available to the obligor. The Department of Child Support Services has particularly broad levy authority and can conduct levies administratively through the Financial Institution Data Match program without needing additional court orders.

The levy process works as follows: the DCSS or custodial parent obtains the obligor's bank account information (through subpoenas, data matches, or discovery), then serves a writ of execution and notice of levy on the financial institution. Upon receiving the levy, the bank immediately freezes the account for the amount of arrears claimed (up to the available balance). The bank holds the funds for 10 days while the obligor has opportunity to file a claim of exemption for certain protected funds such as social security benefits, public assistance, or some portion of wages recently deposited. If no valid exemption is claimed, the bank turns over the levied funds to the DCSS or sheriff for payment toward arrears. The levy can be repeated periodically if arrears remain, and multiple accounts at different institutions can be levied simultaneously. While bank levies can cause significant disruption to the obligor's finances, including bounced checks and frozen accounts, they are legally permissible and highly effective at collecting arrears.