Getting Your Child’s Parent to Pay Back Child Support
Custodial parents can take legal measures to enforce a child support order. Here’s how to collect back child support in California.
To effectively collect back child support in California, you’ll need to hold the person paying support (PPS) in contempt of court. Then, a judge can make a civil or criminal order that forces them to pay back any owed child support.
Back Child Support Laws in California
Child support is only enforceable with a court order. If a judge never decreed a child support order, it may be more difficult for you to receive any owed child support. Oral or written agreements that were never approved by a judge are not legally enforceable. However, if your child support agreement was approved in court, you can take legal actions to collect any child support owed to you.
Statute of Limitations for Back Child Support
Under California’s statute of limitations, parents have three years from the date of a missed payment to collect back child support. After three years of the missed payment, that support is no longer owed.
Related: Back Child Support Laws in California
File a Motion for Contempt Against the Payee
The first step to collecting back child support is to file a Motion for Contempt with the court. This form requests that the delinquent parent appears for a court hearing, where a judge will determine whether the PPS violated the court order and determine how the order should be enforced. If the judge finds that the paying parent willfully violated the child support order, the PPS will be held in contempt of court and can subsequently be given civil or criminal punishment.
Determine Child Support Arrears
Once the person paying support is held in contempt of court, the judge will determine arrears, or how much child support is owed. Then, the judge will decree a method of enforcement that best fits the situation at hand.
Get an Earnings Assignment/Wage Garnishment
A parent held in contempt of court may face an earnings assignment. If the judge orders an earnings assignment, child support payments will be deducted directly from their employee paycheck. Often called wage garnishment, this order legally forces the debtor’s employer to deduct a designated amount from the debtor’s paycheck and garnish earnings directly to the other parent. The employer has 10 days to deduct earnings from the debtor’s paycheck.
Interest On Back Child Support
The judge may see it best fit to set accrued interest on any owed child support payments. Judges generally set a 10% annually accrued interest rate on child support arrears. This is a common way for custodial parents to collect back child support and simultaneously earn interest.
Seek Other Civil Penalties
Child support enforcement is not limited to setting interest or wage garnishment. A judge may order any of the following civil punishments to a parent held in contempt of court:
- Take funds directly from the PPS’s bank account to pay support
- Awarding attorney fees to the debtee
- Order the PPS’s assets be sold
- Order a child support lien be placed on the PPS’s assets
These penalties are not at all unusual in child support proceedings.
Seek Criminal Charges Against The Delinquent Parent
In more serious cases, a judge may be compelled to order any of the following criminal charges against the debtor:
- Temporarily suspend their driver’s license
- 120 to 240 hours of community service
- Up to two years in prison (only if payments are two years past due or exceed $10,000)
- Deny their passport application or renewal
- A maximum $1,000 fine
While these criminal charges may be filed against a PPS, judges typically do not order monetary fines as these funds could garnish child support payments.
Get A Lawyer
California’s back child support laws are complicated, and navigating through the enforcement process by yourself is near impossible. Back child support is difficult to collect; a lawyer can help you receive any support owed to you. If you’re looking to successfully collect back child support in California, contact one of our skilled child support attorneys today.
FAQs About Collecting Back Child Support in California
How much back child support is a felony in California?
In California, back child support over two years past due or in excess of $10,000 is considered a felony and can lead to a maximum sentence of two years in prison.
Does back child support go to the child when they turn 18?
After the child turns 18, the parent owed back child support can still collect the arrears. If collected, the parent owed support receives the payments, not the adult child.
Can I sue for back child support if there is no court order?
Parents owed back child support without a court order have no legal grounds to sue for back child support. However, when applying for a court order, a parent may receive “retroactive child support” to cover the child’s expenses accumulated before the child support order was requested.
Can SSI be garnished for back child support?
While Social Security Income (SSI) cannot be garnished for any child support payments (including back child support), Social Security Disability Insurance (SSDI) funds can be used to garnish back child support.
Who gets the interest on back child support?
A custodial parent may receive the interest on back child support if a judge determines arrears.
How does back child support work in California?
If a noncustodial parent does not pay child support, back child support arrears will be accumulated. A custodial parent can then file a Motion for Contempt and request that a judge review whether the PPS violated the child support order. If the PPS is found in contempt of court, the judge will order a method of child support enforcement as they see fit.
How long does back child support take to get from someone’s taxes?
Parents collecting back child support from the debtor’s tax returns can expect to receive funds within two to three weeks from the tax refund offset.
Can I put a lien on my ex’s house for back child support?
If back child support arrears are present and substantial, a judge can place a lien on a debtor’s assets to garnish owed child support.
Can you sue for back child support after the child turns 18?
In California, parents can still seek back child support after the child turns 18 and is no longer eligible for new child support payments. However, parents cannot collect back child support for more than three years after the date of the missed payment.
Contact Us
If you’re looking to collect back child support and need a lawyer, contact us. We’ll get you in touch with the most qualified attorney for your unique legal situation. Your first consultation is free. We’re here to help you 24/7.