Child support issues can bring up a lot of stress and worry. Many wonder, “How far behind do I have to be in child support before a warrant is issued?”

Understanding the steps California takes to enforce child support can help you avoid unwanted surprises and keep you on top of your obligations.

At Holstrom, Block & Parke, APLC, we work with you to help clarify the complexities of the shield support process. Let’s break down child support orders, missed payment consequences, and the possibility of warrants.

Child Support Orders in California

In California, child support orders are made based on a few key things. The court looks at each parent's income, the custody split, and the child’s unique needs. This ensures the child has the resources they need to grow up healthy and safe.

If you're interested in how child support is calculated, you might want to look at the California Court’s official resources.

Once a support order is in place, it's legally binding, meaning both parents are expected to follow it. Unfortunately, if payments fall behind, California has several ways to try and enforce the order.

Missed Payments and Initial Consequences

If you miss a payment or start to fall behind, you may notice consequences right away. The state has many tools at its disposal, and California takes child support seriously. Here’s what might happen:

1. Wage Garnishment: One of the first steps might be garnishing your wages. In this case, the state will automatically withhold a portion of your paycheck and send it to the custodial parent.
2. Property Liens: A lien may be placed on your property, which would prevent you from selling or refinancing until you catch up on child support.
3. Interception of Tax Refunds: California can take both state and federal tax refunds if you owe back child support, redirecting the funds to pay off what you owe.
4. License Suspensions: If your debt builds up, the state may suspend your driver's license, professional licenses, and even recreational licenses, like hunting or fishing permits.
5. Passport Denial: On a federal level, unpaid child support can mean your passport is revoked or denied if you try to travel abroad.
6. Credit Reporting: Falling behind on child support can impact your credit score, which might make it harder to qualify for loans, credit cards, or even certain jobs.

These penalties can be stressful, but they aren’t the end of the line. The next level of enforcement can be even more serious.

Escalation: When a Warrant Becomes a Possibility

California doesn’t immediately issue a warrant for missed child support. It usually takes a significant lapse before this happens. When you miss several payments, accumulate large arrears, and fail to take steps to resolve the debt, a warrant might become likely.

Civil vs. Criminal Warrants

There are two main types of warrants in these cases: civil and criminal.

1. Civil Warrants (Capias Warrants): These happen when someone is in contempt of court. Failing to attend a scheduled hearing or ignoring a court order can lead to a civil warrant. Civil warrants carry fines and possibly jail time, generally less than a year.
2. Criminal Warrants: These are serious. Criminal warrants are issued when someone willfully refuses to pay child support, often when the unpaid amount is high. Criminal warrants can be enforced nationwide, leading to misdemeanor or even felony charges.

• • Misdemeanor Charges: You could face a misdemeanor charge if you owe $2,500 or more. This can result in fines or a short jail sentence.
  • Felony Charges: For unpaid child support above $10,000, a felony charge may be issued, with a potential prison sentence of up to 2 years.

The Role of Contempt of Court

If a parent consistently fails to pay child support as ordered, the custodial parent can file a motion for contempt. This means the court might hold the non-paying parent in contempt for violating the support order.

Contempt charges often lead to civil warrants, but they can also contribute to criminal warrants in severe cases.

Timeframes and Thresholds: How Far Behind Is Too Far?

There’s no strict dollar amount or a specific number of months behind that automatically leads to a warrant. However, if the unpaid amount grows significantly and the payments are missed over a long period, enforcement actions usually escalate.

It often takes several months of non-payment, plus a considerable balance due, before a warrant is issued.

Avoiding a Warrant

If you’re falling behind on child support payments, there are steps you can take to avoid a warrant and other penalties. Here are some things you might consider:

1. Communication with the Court: If you’re struggling to keep up, try to be proactive. Contacting the court or speaking with the custodial parent to explain your situation can show good faith and may prevent harsher actions.
2. Modification of Child Support Orders: If your financial situation has changed—maybe due to job loss or a reduction in income—you might be able to modify your child support order. Modifications can adjust payment obligations to reflect your current ability to pay.

If you need help with the modification process, a California court form for modifying child support might help.

Facing Child Support Challenges? Holstrom, Block & Parke Can Help

Getting behind on child support can feel overwhelming, but there are ways to manage the situation. If you’re worried about the possibility of a warrant or need guidance on modifying your support order, the family law attorneys at Holstrom, Block & Parke, APLC, are here to help.

Contact us at 855-426-9111 or fill out our online contact form to discuss your options and find a solution that supports you and your children.