When a couple splits up and there are children involved, child support is typically ordered. The noncustodial parent typically gives a monthly amount of child support to the custodial parent. This amount varies depending on state laws, the number of children, and the incomes of both parents.
Nearly 70% of custodial parents who were due child support received some payments from the noncustodial parent. However, only 43.5% got the full amount. This means more than half of custodial parents are not receiving the full child support they are owed. Many do not receive anything at all.
Indeed, child support is often a hot topic. While child support may be ordered, it is not always paid. This is a concerning reality, as raising a child is expensive. In California, the annual cost of raising a child is estimated at almost $30,000 per year.
Making Child Support Payments
Payments are typically made through:
- State Disbursement Unit (SDU). This unit handles collections and distributions.
- Income withholding. Payments may be automatically deducted from the noncustodial parent’s paycheck.
- Direct payments. If both parents agree, one parent can directly send payments to the other. However, this situation is rare and is not recommended without official documentation.
What Happens When Child Support is Not Paid?
The requirement to pay child support is a court order. When a parent refuses to pay it, they are considered to be in contempt of court. This means they may face various consequences, such as the following:
- Driver’s license suspension
- Passport suspension and denial
- Revocation of professional licenses
- Bank and property liens
- Interception of tax refunds
- Interception of lottery winnings
If the noncustodial parent is working, they may have their wages garnished. As a last resort, a person could also face jail time. Also, unpaid child support orders are charged 10% interest under California state law.
What if I Cannot Afford Child Support?
Sometimes things happen. You may suddenly become unable to work due to a medical condition or disability. Maybe you lost your job and don’t have as much income as you used to.
If this is the case for you, you should not simply stop making child support payments. Instead, you should contact your lawyer about getting a modification. The court may agree to lower your payments temporarily until you can get back on your feet. Either parent can request a review by filing a motion in court or working through the local child support agency.
Contact Us Today
Under California law, both parents must support their children until they turn 18 and graduate high school. When parents do not comply with this law, they can face various consequences.
Whether you are paying or receiving child support, The Law Offices of Oliver Gutierrez can help. We can help enforce orders or get you a modification, if necessary. Need a Spanish-speaking family law attorney? Se habla español. To schedule a consultation with our office, fill out the online form or call (650) 590-7675.
