PUJA SACHDEV | August 15, 2024 | Child Custody
Missing a mortgage payment is serious, although it might not be catastrophic. When you consider how much the law values the welfare of children versus the welfare of the bank you might be paying a mortgage to, you will see that missing child support payments is like playing with fire.
Below is a rundown of what you risk and how you might mitigate your losses if you can’t pay.
Possible Civil Penalties
You risk the following civil penalties and disadvantages if you miss a child support payment.
- Interest on your delinquent child support payment. This interest compounds over time, which could eventually get you into a lot of financial trouble.
- Garnishment of your paycheck.
- Liens on your property.
- A freeze on your bank accounts.
- Suspension of your driving privileges.
- Suspension of any professional licenses, hunting and fishing licenses, boating licenses, and others as applicable.
- Problems modifying child custody arrangements.
- A contempt of court charge if the judge believes you intentionally missed your child support payment.
Make no mistake about it—California relies on aggressive enforcement tactics. They can even intercept your lottery winnings. Nevertheless, you probably won’t be subject to the most serious penalties for a first offense.
Possible Criminal Penalties
You may have heard that the United States abolished debtor’s prisons long ago. Nevertheless, that is not the case with child support arrears. Fortunately, California courts are reluctant to imprison a child support debtor. After all, how can you pay child support from prison? What about the ‘best interests of the child?’
You might face one of the following worst-case scenarios:
- Misdemeanor Charges: Up to one year in county jail and/or a fine.
- Felony Charges: if the amount owed exceeds $10,000 This could result in more severe penalties, including a possible prison sentence.
- Federal Charges: Under the Deadbeat Parents Punishment Act, you can face federal charges for failure to pay child support over $5,000 or for more than one year.
Although criminal penalties are unlikely for a single missed payment, they are still possible. If you have a spotty payment history, even with only one recent missed payment, even that one missed payment could turn out to be ‘the straw that broke the camel’s back.’
What You Can Do
Consider taking the following steps.
- Talk to a San Diego family lawyer. Consult with a family lawyer to learn about your legal rights and options.
- Talk to the authorities. Contact the San Diego Department of Child Support Services (DCSS) or the appropriate local agency. It is best that you do so before you miss a payment, not after. Even if you’ve already missed a payment, however, it’s best to talk to the authorities
- Explain why you failed to pay (or why you anticipate failing to pay). You may be able to negotiate a compromise to tide you over until your financial situation improves. Offer evidence of financial difficulties or unemployment. Your chances are better if you were laid off than if you were fired or if you voluntarily quit your job.
- Ask for a change in your payment obligations. You will have to present documentary evidence of your current financial status. Hopefully, you will be able to negotiate a more realistic payment plan.
- Petition the court for modification of your child support obligations. To qualify, you must show that your financial situation has changed substantially–you lost your job, you are subject to expensive medical bills due to health problems, etc. The court might modify your child support order, or it might not.
The sooner you act, the better the results you can hope for.
Contact an Experienced Child Support Lawyer
Whatever you do, don’t ignore the consequences of failure to pay even one payment of child support. Contact a child support attorney to schedule a case evaluation and explore your best course of action.
Contact Our Divorce Law Firm in San Diego, CA
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 724-4160 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
