If someone doesn’t pay child support, they face serious penalties including wage garnishment, license suspension, and even jail.
Bay Area Law Group helps San Francisco parents resolve child support issues before things spiral.
What Counts as “Not Paying Child Support”?
Missing court-ordered child support payments, even by a small amount, qualifies as non-payment. Once a payment is late, it becomes a debt known as arrears. That debt grows with every missed payment.
Arrears often carry legal penalties. In California, interest stacks up at 10 percent annually on unpaid support. The longer someone waits, the worse it gets.
The federal Bradley Amendment blocks courts from forgiving child support debt. There’s no expiration date, no statute of limitations, and no do-over. Once the money is owed, it stays on record until paid.
Unpaid support becomes a lien against the parent. That lien can affect wages, bank accounts, tax refunds, or future assets. It follows the parent until cleared, no matter how much time passes.
What Can Happen If You Don’t Pay Child Support
| Action Taken | When It Happens | What It Means for You |
|---|---|---|
| Wage Garnishment | After missed payments | Money comes directly out of your paycheck until debt is paid |
| Tax Refund Seizure | Once arrears are reported | Federal and state refunds go to the other parent |
| License Suspension | Ongoing non-payment | Can lose your driver’s license or professional credentials |
| Passport Denial | If you owe $2,500 or more | You can’t renew or apply for a U.S. passport |
| Contempt of Court | After ignoring payment orders | Jail time possible if the judge finds you in contempt |
| Federal Charges | Owe over $5,000 or missed over 1 year | Misdemeanor or felony charges with possible prison time |
| Credit Damage | As arrears grow | Missed payments appear on your credit report |
| Liens and Collections | Any time arrears go unpaid | Assets or accounts may be frozen or collected |
| No Bankruptcy Relief | Always | Support debt doesn’t disappear through bankruptcy |
| Court Modification Available | After a real change in income | You can ask to lower payments, but only moving forward |
What Immediate Steps Can Enforcement Agencies Take?
Local and state child support agencies work with income databases to track overdue payments. They don’t wait for a court to act. Once someone falls behind, automatic enforcement tools start to kick in.
First, wage garnishment. That’s when the government pulls payments directly from the parent’s paycheck. If they receive unemployment or disability, support can still come out of those benefits.
Next comes tax refund interception. The IRS can apply a federal tax refund toward back child support. In some cases, state refunds and even lottery winnings get taken the same way.
When money isn’t available, pressure builds through license suspensions. California and federal laws allow agencies to suspend driver’s licenses, professional certifications, and even recreational licenses like hunting or fishing.
The goal isn’t punishment for punishment’s sake. It’s to create enough pressure that the parent takes action. But it can snowball quickly. The more time passes, the fewer options stay on the table.
Can the Government Block Your Passport For Failure to Pay Child Support?
Yes. If the unpaid support balance hits $2,500, the U.S. State Department flags the person’s passport record. They can deny a new application or revoke an existing passport.
This isn’t limited to people planning international travel. A revoked passport affects work trips, military deployment, immigration processes, and even child custody arrangements that involve cross-border parenting.
There’s no hearing before the passport gets pulled. Once the arrears cross the threshold, it’s automatic. Paying the amount owed is the only way to lift the block.
What Legal Penalties Apply When Enforcement Escalates?
When a parent refuses to pay, the court can take stronger action. Civil contempt is often the first step. A judge may issue formal warnings, set deadlines, and demand proof of payment. If the parent still ignores the order, jail becomes a real possibility.
Contempt cases usually start with a court appearance. The judge may give the parent one final chance to pay or explain their situation. If nothing changes, the court can order jail time. These sentences are often short but designed to push the parent into action.
At the federal level, penalties get more severe. Under 18 U.S. Code § 228, it becomes a crime to willfully avoid paying support. Penalties depend on how much is owed and how long it has gone unpaid:
- If more than $5,000 is owed or support is over one year overdue, the charge is a misdemeanor. The parent can face up to six months in prison.
- If more than $10,000 is owed or the parent moved out of state to avoid payment, the charge becomes a felony. That carries up to two years in prison.
- In both cases, the court may order full repayment as part of the sentence.
Federal charges are rare but real. When they apply, they add a criminal record to the financial burden, and it can have long-term consequences on employment and housing.
How Child Support Enforcement Works Across State Lines
Moving to another state won’t stop enforcement. Every state must follow the Uniform Interstate Family Support Act (UIFSA), which allows courts and agencies to work across state lines.
If a parent relocates to avoid paying, the original support order stays in effect. California can work with the new state to collect payments, garnish wages, or issue court orders. Enforcement does not pause just because someone changes their zip code. (1)
What Other Financial and Legal Consequences Apply?
In addition to jail time, unpaid child support can damage credit, block loans, and create liens against property. Credit agencies report support arrears once they pass a certain threshold. That makes it harder to get a mortgage, lease a car, or open a line of credit.
The debt also survives bankruptcy. Federal law treats child support differently from most financial obligations. Even if someone files for bankruptcy, the court still requires full payment of child support arrears.
What Happens If You Can’t Pay Child Support in California?
If your income changes or you lose your job, the court allows you to request a modification. But timing matters. Courts will not lower past-due support retroactively. Filing early is the only way to prevent more arrears from building.
To qualify, you must show a real change in circumstances. That can include job loss, medical issues, or other documented financial hardship. The court will review your finances and may adjust your monthly payment based on what’s realistic.
How to Resolve Unpaid Child Support
Start by contacting your local child support enforcement office. You may qualify for a payment plan or a reduced monthly amount. If you’re facing legal action or multiple enforcement penalties, it’s time to get help.
Bay Area Law Group helps parents take back control. We can file for a support modification, negotiate with agencies, and guide you through court hearings. The sooner you act, the more options you’ll have.
Bay Area Law Group | Resolving Child Support Issues, Helping Families
Unpaid child support doesn’t go away. It grows, compounds, and creates long-term problems.
Bay Area Law Group helps parents deal with enforcement issues, avoid court penalties, and fix support orders that no longer reflect their situation.
Contact us today for a free consultation.
Reference:
- SF.Gov, Child Support Services,
https://www.sf.gov/departments–child-support-services
