How California Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in California, each installment accrues 10% interest and the judgment stays enforceable until paid. It can be collected by earnings assignment, a license can be suspended once you are more than 30 days in arrears, and arrears over $2,500 can affect a passport.
What happens if you don’t pay child support in California?
Each unpaid installment accrues interest, the judgment is enforceable until paid in full (Fam. Code 291), and the other parent or the local child support agency can use an earnings assignment, license suspension and other judgment remedies; federal law adds passport denial above a threshold.
Can California garnish wages for unpaid child support?
When a court orders support, or modifies it, it must include an earnings assignment order directing the obligor’s employer to pay the support plus an amount toward any arrearage (Fam. Code 5230). Federal law limits how much of disposable earnings can be garnished for support: 50% if the person supports another spouse or child and 60% if not, rising to 55% and 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Can you lose a driver’s or professional license for unpaid child support in California?
Yes. A local child support agency can certify to the state department the names of obligors out of compliance in a case it is enforcing, and boards must act on the certified list. “Compliance” means the obligor is no more than 30 calendar days in arrears on current support or on payments toward an arrearage. The board issues a temporary license for 150 days to an otherwise eligible applicant on the list, only one per license term, and a person who wants to challenge the certification makes a written request for review to the agency, which sends a release if the person is in compliance or agrees to a payment arrangement (Fam. Code 17520).
Can unpaid child support affect a passport?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires the Secretary of State to refuse to issue a passport and allows revoking, restricting or limiting one already issued (42 U.S.C. 652(k)). The California arrears calculator warns when the unpaid principal passes that figure.
Can you sue to recover unpaid child support?
Yes. A parent who has the duty to provide for the child and willfully fails to may be sued by the other parent (Fam. Code 4000), and an action to recover an arrearage may be maintained within the enforcement period even after the child turns 18 (4503).
What should you do if you owe?
Contact your local child support agency about a payment plan before enforcement escalates, add up the balance in the California child support arrears calculator and, if your circumstances changed, ask to modify the order because only later installments can change.
Frequently asked questions
What happens if you don’t pay child support in California?
Each installment accrues 10% interest, the judgment stays enforceable until paid, and it can be collected by earnings assignment, license suspension and other remedies.
How much of my paycheck can be taken for child support in California?
Federal law limits garnishment for support to 50% or 60% of disposable earnings, and to 55% or 65% for support more than 12 weeks overdue.
When can a California license be suspended for unpaid child support?
When the local child support agency certifies the obligor as out of compliance: more than 30 calendar days in arrears.
Is there a temporary license while a California license suspension is pending?
Yes. The board issues a 150-day temporary license to an otherwise eligible applicant on the certified list, once per license term.
When can the passport of a California parent who owes child support be denied?
When a state agency certifies arrears over $2,500 under federal law.
Official sources
- Code of Civil Procedure 685.010: interest on money judgments
- Cal. Fam. Code 155: support order and installment judgments
- Cal. Fam. Code 291: enforcement of support judgments
- Cal. Fam. Code 4503: action to recover arrearage
- Cal. Fam. Code 17520: license suspension for support delinquency
- Cal. Fam. Code 17560: compromise of arrears program
- California Department of Child Support Services: arrears payoff calculator
- Cal. Fam. Code 5230: earnings assignment order
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.