What Happens If My Ex Isn’t Paying Child Support in California?

When a parent stops making child support payments, it can quickly become a serious problem. Missed support can make it harder to cover rent, groceries, school costs, and other everyday needs. If you’re dealing with unpaid support, California law gives you tools to take action and protect your child’s well-being.

James Chau, a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, works with parents to enforce support orders and recover what’s owed. He helps clients understand their rights and move forward with clarity and confidence.

Enforcing Child Support Orders in California

Legal Options Available to You

Child support orders are court mandates, not suggestions. If your ex has stopped paying, here are some of the enforcement tools available under California law:

• Wage Garnishment: Payments can be automatically deducted from your ex’s paycheck.

• Tax Refund Intercept: Overdue support can be collected from state or federal tax refunds.

• Bank Levies: The court can authorize direct withdrawal from your ex’s bank account.

• Property Liens: A lien can be placed on any property they own until the support is paid.

• License Suspension: Driver’s licenses, professional licenses, and even recreational licenses may be suspended for nonpayment.

These measures are designed to hold nonpaying parents accountable while helping ensure children get the support they need.

What Counts as Child Support Arrears?

Missed Payments Add Up

Child support arrears are the total amount of unpaid support. Even partial payments or inconsistent timing can cause arrears to build. In California, unpaid child support also accrues interest, which increases the overall amount owed.

Keep detailed records of all payments—due dates, amounts received, and any missed installments. This documentation will be important if you need to ask the court to step in.

When Is It Considered Contempt of Court?

The Consequences of Ignoring a Support Order

If a parent has the ability to pay and chooses not to, they could be held in contempt of court. This is a serious legal issue that can lead to penalties, wage garnishment, or even jail time.

To pursue contempt, you must show that the parent knew about the order, had the ability to comply, and willfully failed to pay. A family law attorney can help you prepare the necessary documentation and present your case effectively.

What If the Other Parent Says They Can’t Pay?

Financial Trouble Doesn’t Cancel an Order

If your ex claims they can’t afford the ordered amount, they must ask the court for a formal modification. Simply stopping payments is not allowed.

Until a judge changes the order, the original amount stays in effect. The court may consider changes in income, job loss, or other hardships, but the child’s needs remain the priority.

Start Moving Forward with Trusted Legal Guidance

Falling behind on child support isn’t just a financial issue—it impacts your child’s daily life. If you’re struggling with unpaid support, you don’t have to face it alone.

James Chau helps parents use California’s enforcement laws to recover overdue payments and ensure support orders are followed. For help with your case, call 408-899-8364 or connect through the secure contact form.