What happens if you fail to pay child support?

/

California Law (Family Code 6500) mandates that each parent has an obligation to support a minor child. This means that parents are required to provide for their children, whether or not they currently live with their children. Experienced family law attorneys will tell you that a court may make child support orders in any legal proceeding that involves dissolution of marriage, legal separation, or child custody.  It is important to remember that an order for child support can be made retroactive to the first date of filing of the request for child support.


How much will I have to pay?


Child support is determined by a state guideline formula that takes into account both parents income, timeshare with the child, custody, and other children in the house. Child support payments can be modified by the court at any time, so consult an attorney if you have recently lost your job or had a change in your family situation. You can also use the state’s guideline calculator to figure out if your obligation has changed.

http://www.childsup.ca.gov/resources/calculatechildsupport.aspx

What happens if I fail to pay?


The consequences of failing to pay a child support obligation can be dramatic, so it is important to be informed about the penalties.  Remember that if the court has made a child support order, you are likely required to pay the state who will then pay the other parent.  Any missing payments are considered arrears and the state keeps track of these payments and the interest (10%) that builds.
The Department of Child Support Services has wide latitude to enforce child support orders and can use any of the following methods: (1) suspension of state licensure including drivers licenses, State Bar, Department of Fish and Game, (2) bank levy, (3) garnishment of unemployment benefits, (4) interception of federal and state tax returns, (5) Pas sport holds (where the individual cannot apply for a passport renewal), (6) garnishment of State retirement benefits PERS, and last (7) a contempt proceeding can result in jail time. 

Can I really go to Jail?
Yes.  California law provides that intentional failure to provide for a child under the age of 18 is a misdemeanor with a maximum punishment of 1 year in the county jail and a $2000 fine. Pen C §270.
Typically, an individual who has failed to make child support payments will be arrested and arraigned if they continuously fail to make payments. Failure to follow a court order including a child support order is considered contempt and a court can order jail time for numerous counts of contempt.
If you have a child support order and have failed to make payments, contact a family law attorney, you can contact me at amanda@gordonfamilylaw.com for help.  Even if you have lost your ability to pay, Attorneys are able to work with you to understand your rights and obligations. 

 

 

If I have failed to make a child support payment, will I lose the ability to see my children?

/

Experienced San Francisco County Child Support lawyers will explain to you that in most cases, you will not lose the ability to visit your children. Under California law, both parents of a minor child (i.e., a child under age 18 (Fam C §6500)) have a duty to support that child. Fam C §3900.  However, the failure of a parent to pay his/her child support obligation will not impact the noncustodial parent’s visitation or other privileges granted by a court order. Fam C §3556. 

You will not lose your ability to see your child because the California Family Law system supports and goes to every extent possible to promote the ideal that children have consistent access to both parents. Nevertheless, the failure to pay your child support may result in other civil penalties (such as monetary damages, suspension of your drivers license, revocation of your passport, and wage garnishment) and even criminal penalties like contempt.  For example, California makes the willful failure to provide for a child under the age of 18 a misdemeanor with a maximum punishment of 1 year in the county jail and a $2000 fine. Pen C §270.

If you are having trouble with your payments due to a change in your employment circumstances or other financial strain, you can approach the Court and ask for a modification of your child support payments. The Court uses a guideline scale based on a computer program to estimate child support payments and will grant you relief if you meet certain criteria. If your ex spouse claims that you cannot see your children based on your failure to pay child support, you should consult a good San Francisco Family Lawyer who can help you adjust your You can contact me at Amanda@gordonfamilylaw.com for more information.