How to Collect Child Support from an Ex-Spouse (California)

There are FREE resources to help you collect child support from an ex-spouse. Find out more here. Written by a licensed California family law attorney with more than 25 years of experience.

Things You Will Need

A California court order for child support.

Step 1

For the sake of simplicity, I will assume that Dad owes Mom child support. The usual way Mom gets child support is to get a Wage Assignment Order. Anytime the court orders child support, there must be a Wage Assignment Order.

The order is served on Dad's employer who will then take money out of Dad's check to send to Mom. If Dad is self-employed, a Wage Assignment Order won't work unless Dad has one primary client or one primary customer. In that case, the Wage Assignment Order can be served on the client or customer.

Mom could also choose to have the payments sent to the State Disbursement Unit which will collect the money from Dad's paycheck and send it to Mom. If Mom is receiving public assistance, she must have the child support paid to the State Disbursement Unit.

Step 2

Every California county has a Department of Child Support Services: http://www.childsup.ca.gov/Home/LCSAOffices/tabid/301/Defaul.asp

Mom should use their free services when:

1. Dad works but Mom doesn't know where.

2. Dad is often unemployed.

3. Dad changes jobs frequently.

4. Dad is hard to find. The local Department of Child Support Services will conduct a parent locator search to find Dad.

5. Dad works for a small company and his friendly boss won't honor the Wage Assignment.

The penalties for not paying child support can be severe:

1. Suspension of a driver's license.

2. Suspension of a professional license.

3. Suspension of a business license.

4. A lien may be placed on real property.

California charges interest on past-due child support payments at the rate of 10% per year. California considers that child support is enforceable until it is paid. This means that California can collect child support forever.

Tips & Warnings

This article is not intended to substitute for legal advice. If you need legal advice, please contact a California family lawyer. This article was published in October, 2009 and the law may change.

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