What Happens if the Paying Parent Refuses to Pay Child Support?

January 3, 2025

When a couple divorces, each spouse is still responsible for the child's needs. Determining which spouse pays child support will depend upon several factors, but it is generally the non-custodial parent's responsibility. Refusing to pay child support can have far-reaching consequences, resulting in wage garnishment, suspension of your driver’s license, and even a warrant for your arrest. 

Whether you are experiencing delinquent payments or are accused of failing to pay child support, our Santa Barbara child support lawyers can represent your interests. 

Overview of Child Support in Santa Barbara, CA

Whether you are separated, divorced, or were never married to your child’s other parent, you can request support. However, you must establish paternity before requesting child support if you are not married to the child’s other parent. Child support is paid monthly, with payments only being modified through a court order. The support calculation is based on California law, factoring in each parent’s income and the time the child spends with each parent. 

Child support covers a child’s basic needs, such as:

Penalties for Defaulting on Payments

Wage Garnishment: According to the Family Support Act of 1988, child support payments can be withheld from the non-custodial parent’s paycheck. This can begin once you are one month behind on payments. 

License Suspension: California Child Support Services will send you a letter if you are behind or refuse to pay support. You will only have 150 days to respond, or you risk having your driver’s, recreational, and professional licenses revoked. Once you set up a payment plan, your licensure will be reinstated. 

Warrant for Your Arrest: If you fail to make timely payments, you are in contempt of court. As the paying parent, you could face a civil or criminal warrant. A civil warrant comes with less than one year of imprisonment, while a criminal warrant could result in more than one year in jail and steeper fines. A criminal warrant will apply if you are severely behind on payments. 

Property Lien: A lien may be placed against your real property, bank, or retirement accounts. A lien is a legal claim against your property to obtain payment. Any back support owed will be removed from your proceeds when you sell your home. 

Forfeit of Tax Refund: If you expect to get a federal or state tax refund but owe back support, think again. Your tax refund may be used to pay past-due child support if you owe support. 

What If I Can’t Afford Support Payments?

A support payment is designed to look out for your child's livelihood, not to place you in financial ruin. At Bamieh & De Smeth, PLC, we know that you contribute a large portion of your income to support payments, often forcing you to sacrifice to stay afloat. If your circumstances have changed or you can no longer afford your support payment, you should contact our Santa Barbara child support attorneys. We can advise you accordingly and help you file a petition with the court to get the order modified. 

Are You Behind on Child Support? Contact Our Child Support Attorneys in Santa Barbara Today

Children rely on both parents to tend to their needs, but that does not mean your finances will not remain unburdened. At Bamieh & De Smeth, PLC, our Santa Barbara child support lawyers have experience defending the rights of both the paying and receiving parents, helping to negotiate payments that work for you. To schedule your free consultation, contact us online or by phone today.