Whether you are receiving child support or being required to pay it, it’s worthwhile knowing the consequences when one party fails to follow the terms of a divorce order and pay the child support the court has required them to pay. A San Mateo child support lawyer can help you if a spouse is not paying as they should. If you are being asked to pay more than you can handle, an experienced family law attorney can help you make a proper legal appeal to the court to make a change to your orders.
What Are the Consequences of Failing to Pay Child Support in California?
If one of the parents fails to make required child support payments, the California courts have a number of options, both civil and criminal. In most cases, the court will start with civil penalties and escalate to criminal penalties only if the failure continues or the parent is clearly simply refusing to take responsibility for their child.
Civil Penalties
The court can order a civil warrant against a parent who isn’t paying child support for “contempt of court.” This is because the court has made the order regarding the child support, so failure to pay it is a violation of a legal duty to the authority of the judicial system. Civil warrants like this usually come with fines, but the parent can be sentenced to up to a year in jail. The court can order both fines and jail time.
Criminal Penalties
If a parent continues to defy the court and refuse to pay their child support, and particularly if they have not attempted to make a modification to the child support order, a criminal warrant could be issued. Criminal warrants result in bigger fines and more time in jail, sometimes both, and these warrants can be issued no matter where the parent lives. In most cases, every state will honor such a warrant from the state of California.
Other Penalties
In addition to issuing a warrant, civil or criminal, the court has many other things it can do:
Wage Garnishment
One of the most common penalties is wage garnishment. If wage garnishment is ordered, then the court is essentially taking money out of the parent’s pocket before it even arrives. Wage garnishment is set up with an employer so that the child support payments are taken out of the parent’s salary or wages before they get paid.
This not only means that the money is taken, but it also means revealing to an employer not only that the parent is required to pay child support but also that the parent has been failing in that responsibility. This can have an effect on an employment situation, so it’s always best to avoid this if possible.
Property Lien
The government can also place a lien on the home, bank accounts, retirement accounts, and other personal property against a parent who refuses to pay child support. If the refusal to pay continues, the lien can be called in and these items can be taken to make up for the money that is owed.
Tax Refund Confiscation
If a parent owes child support and has refused to pay it, the government can take that parent’s tax refund before it gets to them and apply it towards child support payments. The court can order this even if the parent is paying now but still owes back child support payments.
License Suspensions
If a parent is behind on their child support payments and is not cooperating to catch up, the court can order the suspension of all kinds of licenses. This would include boating and hunting licenses, driver’s licenses, and even professional licenses.
Losing a professional license could make it difficult if not impossible to continue working, so it’s always a good idea to talk with a San Mateo child support lawyer if you owe back child support payments. If you approach the court with a workable plan and show a willingness to make things right, they will often reinstate licenses. The goal is to provide for the children, not to punish you, and it’s in the children’s best interest for you to be able to work.
Passport Confiscation and Immigration Status Issues
The courts can also confiscate a passport and revoke it entirely if a parent refuses to pay child support and the court is concerned that the parent is trying to flee to another country in order to avoid their responsibilities. If the parent who has been ordered to pay is an immigrant, refusal to pay child support can have negative consequences on immigration status.
Credit Score Hit
Finally, the courts can report a parent who refuses to pay child support to the various credit bureaus. Once it does, that parent will see their credit score take a big hit.
Avoiding This Issue
It’s in the best interest of both parents to avoid this issue entirely. If you are receiving child support, the best situation is always when the other parent can work as normal and voluntarily pay what is owed. While wage garnishment can help, it’s not uncommon for people to resign from their job or deliberately take a less lucrative job to change the situation and avoid having to pay. The court is aware of this tendency, but that doesn’t make it any easier for you to have to deal with.
And, of course, if you are the one required to pay and are not doing so, none of these consequences and penalties are anything you want to mess with. Whatever your situation, here’s the best way to avoid having issues with child support payments:
Contact a San Mateo Child Support Lawyer
Whatever side of the issue you’re on, having a lawyer to help you is always a plus. Your lawyer can advise you on all your rights and options, but, more importantly, a lawyer is the best one to make a good case for you before the court, whether you need child support paid to you or need to pay less child support. Your lawyer can help you bring together all the evidence and make a good case for your situation. A lawyer can also help you bring a legal modification request which allows you to change child support terms without penalties if the court signs off on it.
Be Flexible and Obey the Court
The more flexible and willing you are to work with the court, the better the situation will be. Don’t try to take the matter into your own hands if the other parent is not paying. Take it to the court and let them handle it. If you are unable to make your payments, bring a modification request and do everything in your power to show that you’re trying your best to follow the court’s instructions. If you’re making a solid effort to fulfill your responsibilities, the court will be much more willing to work with you and much less interested in slapping you with penalties.
Whatever your situation, we can help. Talk to us today at Seeley Family Law, the Bay Area’s family law practice.