How Do You Enforce Unpaid Child or Spousal Support in California?
Quick Answer: California gives you strong tools to collect unpaid support. Every support order includes an earnings assignment that withholds support from wages under Family Code section 5230. Unpaid support, called arrears, accrues 10 percent interest per year, and the state can suspend licenses, intercept tax refunds, and pursue contempt. Arrears cannot be erased retroactively.
When support stops coming, the balance does not just sit there. It grows, and California has some of the most aggressive collection tools in the country. If you are owed support or are falling behind, call The Geller Firm at (415) 840 0570 to speak directly with Attorney Michael Geller.
What Are Support Arrears?
Arrears are past due support that was ordered but not paid. They accrue automatically, and they carry interest at 10 percent per year under the legal rate for money judgments in the Code of Civil Procedure. Because arrears become a judgment, they can be collected for years, they survive bankruptcy, and there is no statute of limitations on them.
Wage Withholding Under Section 5230
In California, virtually every child and spousal support order is accompanied by an Earnings Assignment Order for Support. Under Family Code section 5230, the order directs the paying party’s employer to withhold support directly from wages and forward the funds for payment. Once properly served, the employer generally must implement the withholding within 10 days. For many families, wage withholding is the quiet workhorse of support enforcement, allowing payments to arrive consistently and automatically without repeated demands, missed payments, or unnecessary conflict.
The State's Collection Tools
When support goes unpaid, the Department of Child Support Services and the receiving party can bring a range of tools to bear, often at the same time:
• License suspension. Under Family Code section 17520, the state can suspend driver's, professional, and recreational licenses when support is more than 30 days past due.
• Tax refund intercepts, capturing state and federal refunds and applying them to the balance.
• Bank levies and property liens against accounts and real estate.
• Passport denial when arrears exceed 2,500 dollars, under federal law.
• Credit reporting, which sends the delinquency to the credit bureaus.
Contempt of Court
For willful nonpayment, the receiving party can file a contempt action, typically an Order to Show Cause using Form FL-410. Contempt can carry fines, jail time, and an order to pay the other side's attorney fees. Because contempt is quasi criminal, the bar is high: it generally requires showing the paying party had the ability to pay and chose not to.
Arrears Cannot Be Reduced Retroactively
This is the point that catches people off guard. A court generally cannot go back and erase support that has already come due. If your income drops, filing to modify support only changes payments going forward, from the date you file. Waiting to file means arrears keep piling up at 10 percent interest. So if you cannot pay, the move is to request a modification immediately, not to simply stop paying.
Frequently Asked Questions
How far back can unpaid support be collected?
There is no statute of limitations on support arrears in California, and they cannot be discharged in bankruptcy. The obligation follows the paying party until it is paid in full.
Can I stop paying if I lose my job?
No. Stopping only grows the arrears and the interest. File a request to modify support right away, because relief runs only from the filing date forward.
What if support was supposed to run through the State Disbursement Unit?
Pay through the State Disbursement Unit as ordered. Payments made directly to the other parent may not be credited to your obligation and can create disputes over what was actually paid.
Speak With a California Family Law Attorney
Whether you are owed support or struggling to keep up, the worst move is to do nothing while arrears and interest grow. The Geller Firm helps clients across the Bay Area enforce support and respond to enforcement. You will speak directly with Attorney Michael Geller, in person or virtually. Call (415) 840 0570 or reach us through gellerfirm.com to schedule a confidential consultation.