What Happens When Child Support Payments Are Not Made?
Whether you’re the parent who should be receiving support or the one responsible for paying it, unpaid child support can create serious issues that affect not only your finances but also your child’s well-being.
At the Law Office of Shelly Jean John, I often speak with parents who are struggling because child support payments haven’t been made.
Under California law, there are legal consequences when these payments are missed, and it's important to understand how the process works.
In every family law case I handle, I remind clients that financial support is part of providing for a child’s needs. Support orders are not optional. They are legally binding obligations issued by the court and backed by California’s enforcement system.
When payments stop, it sets off a chain of events that can affect child custody arrangements, credit, licenses, and even freedom.
The Connection Between Child Support and Child Custody
Many people believe that if one parent doesn’t pay child support, the other can deny visitation. I always make it clear that under California law, child support and child custody are separate legal issues.
You cannot block a parent from seeing their child because they’ve fallen behind on payments. Doing so can harm your own legal standing in future hearings.
At the same time, when child support isn’t paid, it can influence how the court views responsibility and stability. Judges look at the full picture when reviewing child custody.
A parent who avoids financial responsibility may be seen as less committed to the child’s long-term well-being. That’s why I always advise my clients to take support orders seriously, whether they are paying or receiving.
When support goes unpaid, the parent who is owed can take action through the court system or through California’s Department of Child Support Services. I help my clients file the necessary paperwork to bring attention to the missed payments and get the enforcement process started.
Legal Enforcement of Child Support Orders
In California, once a child support order is in place, the court has several ways to enforce it. The most common method is wage garnishment.
That means the payments are taken directly from the paying parent’s paycheck before they receive their earnings. If a parent stops working or switches jobs, enforcement agencies can follow up with new employers.
If wage garnishment doesn’t cover the full amount, or if the paying parent is self-employed, other enforcement steps can be taken. The state can intercept tax refunds, place liens on property, or take money from bank accounts. These actions happen automatically in many cases once arrears have built up.
As a family law attorney, I explain to my clients that the longer support goes unpaid, the more consequences build. Interest is added to unpaid amounts, and penalties can grow quickly. In some cases, the court may suspend driver’s licenses or professional licenses. Travel can also be restricted, including passport denial or revocation.
I’ve also seen cases where repeated failure to pay support results in jail time. This is usually a last resort and only occurs after other options have failed, but it’s a real possibility under California law. When someone is held in contempt of court for ignoring a support order, the penalties can be serious.
Modifying Support When Circumstances Change
Life changes. Sometimes the parent who owes support has lost a job, experienced illness, or had a change in income. When that happens, it’s important to act quickly. I always tell clients who can’t make their full payments that ignoring the order won’t make it go away. Instead, they need to ask the court to modify it based on their new situation.
California law allows for modifications when there has been a significant change in circumstances. That could be a loss of income, a new child, or changes in the custody arrangement.
But the court won’t automatically reduce your support—you must request it formally. Until a new order is issued, the old amount is still owed, and interest will keep adding up.
In child custody cases, payment history is sometimes considered. Parents who consistently fail to pay may struggle to convince the court they’re able to meet other responsibilities. That’s why I work with clients early to address payment issues before they grow into legal problems.
Collecting Unpaid Support
If you are the parent who is owed support, you have several tools available. California has a system in place to help enforce these orders, including online services and local child support agencies. I work closely with clients to file the correct forms, gather necessary documentation, and communicate with enforcement agencies.
The court can issue an earnings assignment order, which directs employers to deduct support from wages. If that doesn’t work, we can ask for a writ of execution to take money from bank accounts or sell property. These steps require preparation and accuracy, and I help clients approach them carefully.
Sometimes, collecting support involves tracking down the paying parent. California can use tools to locate people who have disappeared, such as:
Credit reporting
License checks
Employment databases
I also assist clients in filing for interest owed on missed payments, which can be substantial over time.
Even if your child has reached adulthood, unpaid support doesn’t vanish. California allows the collection of back child support for up to 10 years after the child turns 18, and judgments can be renewed. I often help clients pursue arrears even years after the original order was issued.
Child Custody Implications
While unpaid support doesn’t automatically change a custody order, it can become part of the court’s evaluation. If a parent consistently fails to provide financial support, the other parent may raise this issue when asking for a modification in custody or visitation.
Judges are required to consider the child’s best interests in all custody decisions. If the non-paying parent is also absent from the child’s life or creates instability, the court may reduce their parenting time or place conditions on visitation. I’ve seen situations where support enforcement and custody modification are handled together in court.
If you are the paying parent and you're facing enforcement actions, you should know that being cooperative with the court and taking steps to address the arrears can help protect your parenting time. I guide my clients in showing the court that they are taking responsibility and working toward compliance.
Emotional Toll and Co-Parenting Strain
Money issues in a child custody case are often about more than just dollars. Missed payments can lead to resentment, mistrust, and arguments. I’ve worked with many parents who are caught in a cycle of blame, where communication breaks down and children feel caught in the middle.
In every child custody case, I remind parents to put the child’s needs first. If you're the parent not receiving support, it's important to stay focused on your child’s day-to-day well-being and not let frustration turn into hostility. Courts notice how parents behave toward one another and toward their children.
On the other hand, if you’ve fallen behind, reaching out in good faith—both to the other parent and to the court—can help restore trust. Demonstrating responsibility, even after a mistake, shows the court that you value your child and want to remain involved.
Long-Term Consequences
Unpaid child support can affect every area of your life. Credit scores can drop, licenses can be suspended, and jobs can be lost. But beyond the legal and financial impact, there’s also the matter of your relationship with your child.
In child custody matters, consistency and commitment matter. Paying support is one way a parent shows that commitment. When it doesn’t happen, children may feel let down or question their importance. That emotional fallout can last far longer than any court order.
That’s why I encourage open communication and early action. Whether you’re owed support or struggling to pay it, I work with you to approach the problem from a legal and human perspective. Family law is about people, and that includes helping parents meet their obligations so that children can feel supported and secure.
Give Me a Call
At the Law Office of Shelly Jean John, I believe every child deserves financial and emotional support from both parents. I’m proud to serve Ontario and Riverside, California, and the surrounding counties. Call today.