Is It Illegal to Not Pay Child Support in CA?
Regardless of whether the parents are in a relationship, they have a legal responsibility to provide for their children. When a court issues a child support order, the order is legally binding.
Failing to comply with a child support order could result in numerous penalties, including criminal contempt of court. Contact a Los Angeles child support attorney if you need help with a child support matter.
Contempt of Court for Failing to Pay Child Support in California
When you fail to pay child support, the court may order one or more civil penalties. The court may also hold you in contempt of court. Contempt of court for failure to pay child support may be civil or criminal.
Civil contempt of court is punishable under California Code of Civil Procedure §1218 with up to five days in jail, 120 hours of community service, and/or a fine of $1,000. This penalty applies to first and second offenses. A third offense increases the community service to 240 hours and up to ten days in jail.
Criminal contempt of court for failing to pay child support is generally a misdemeanor. Criminal prosecution may be used when other attempts to enforce a child support order fail. The standard punishment for a criminal contempt conviction for failing to pay child support is six months.
Other Consequences of Failing to Pay Child Support in Los Angeles, CA
Child support is for the benefit of the child. Parents are legally required to provide financial support for their children until they are 18 years old or emancipated. There are some exceptions to the general rules.
When a parent fails to comply with a court order for child support, the state has several options for enforcement. Penalties and enforcement actions for nonpayment of child support in California include:
- Garnishing wages under The Family Support Act of 1988
- Seizure of tax refunds
- Property liens placed on the parent’s home, bank accounts, personal property, etc.
- Suspension of driver’s license
- Revocation of passport
- Professional license suspension
- Suspension of hunting and boating licenses
- Reporting delinquent amounts to credit bureaus
Failing to pay child support payments does not terminate visitation rights. If the custodial parent refuses to allow the non paying parent court-ordered visitation, the custodial parent could be held in contempt for disobeying a court order.
If your ex is behind on child support payments, contact an attorney to discuss your legal options for enforcement instead of “punishing” them by denying visitation. Likewise, if you cannot afford child support payments, contact a lawyer immediately. Your circumstances could justify modifying child support payments.
Petitions to Modify Child Support in Los Angeles, CA
Child support obligations are calculated based on California child support guidelines. The guidelines use several factors to determine child support, including the gross income of each parent, the number of children to be supported, and the time-sharing arrangement. Health insurance premiums and other expenses may also be factors.
Over several years, one or more circumstances may change. If you have a substantial change in circumstances, it could justify modifying child support payments.
You must file a motion for modification with the family court. Potential grounds for modifying child support payments include:
- A parent has lost their job
- The income of either parent has significantly increased or decreased
- A parent becomes disabled
- The time-sharing arrangement has substantially changed
- A parent has another child
- The financial needs of the child change in terms of healthcare, education, childcare, etc.
- A parent is sent to prison or jail
The parent asking to modify child support has the burden of proving a material change in circumstances has occurred. The family court judge determines whether the change justifies modifying child support.
Changes in child support are not retroactive. Therefore, seeking prompt legal advice is in your best interest. The sooner you begin working with an attorney, the sooner you may receive a new child support order changing the payments.
Out-of-Court Agreements Regarding Child Support
Some parents may work out an agreement between themselves regarding child support. A custodial parent may agree for the other parent to “catch up” child support arrears over time. The parents may agree to lower or increase child support payments.
The agreements are not legally enforceable. Therefore, even though your ex said you could catch up on payments later, you could still face a contempt charge and other penalties if the court pursues unpaid child support.
Contact a Los Angeles Child Support Attorney Today
or more information, contact our experienced Los Angeles child support attorneys at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586