What Can Be Done if a Parent Won't Pay Child Support in California?

All parents have the responsibility to provide care and support for their offspring. The parent with primary custodial care of a child must, however, obtain a court order to force the other parent to pay child support, otherwise the second parent has no legal obligation to do so. If a parent is not supporting a child in California, the custodial parent has several courses of action to take.

Contact Local Child Support Agency

California's Department of Child Support Services recommends first contacting a local child support agency if the noncustodial parent does not pay the required child support payments. There are 74 offices across the state. The agency will require information about the other parent's location, phone numbers, income and assets, such as homes, business interests and cars.

Withholding Income

Once the local child support agency has found the parent who is not making child support payments, the most common and preferred method to collect unpaid child support payments from the noncustodial parent is to deduct income from his paychecks. The employer of this parent will deduct wages until all payments are made. Payments are transferred to the agency for distribution to the custodial parent.

Other Methods

Like other states, California can take further measures to collect unpaid child support. The noncustodial parent can be reported to the consumer credit rating bureau, affecting the individual's ability to secure a loan or get a credit card. A lien can be placed against the noncustodial parent's house or car, meaning neither can be sold until all debts are paid. The individual can also lose licenses, driver's or professional, and be denied a passport. The state can also collect money from income tax returns or lottery winnings.

Court

If all avenues have been exhausted and the noncustodial parent is still in debt to the custodial parent, the courts can step in to take action. The noncustodial parent can be found in contempt of court which can result in jail time. Or, in order to post bond, the noncustodial parent can agree to pay future child support payments on time. The California Family Code allows the court to order the noncustodial parent to pay the custodial parent's legal fees associated with this route.