When a parent stops paying court-ordered child support, California gives the other parent real tools to collect what's owed, both through a free government agency and, separately, through the family court itself. Neither path requires the paying parent's cooperation, and neither requires you to simply wait and hope the payments resume.
What This Guide Covers: What the local child support agency (LCSA) does and the enforcement tools it can use, how wage assignment (Form FL-195) works, license suspension and tax refund intercepts, the interest that accrues on unpaid support, and how to enforce support privately through a Request for Order (Form FL-300) if you don't want to go through the LCSA.
If the actual support amount no longer fits your situation, rather than collecting what's already owed, see our guide on modifying child support in California.
<h2 id="when-the-other-parent-stops-paying">When the Other Parent Stops Paying</h2>A missed child support payment does not require you to start over or file a new case. Once a California court has entered a child support order, that order remains enforceable, and the unpaid amount (called arrears) keeps accruing as a debt the other parent owes, whether or not anyone takes action right away.
That said, taking action sooner rather than later matters in practice. The longer support goes unpaid, the larger the arrears balance grows (interest accrues on the unpaid amount, covered below), and the harder it can become to track down a parent's current employer or assets if too much time passes without any enforcement steps.
If Pursuing Support Raises Safety Concerns: If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233, or you can text START to 88788. If the other parent has a history of abuse or harassment and you're worried that pursuing enforcement, or the contact information it may require, could put you or your child at risk, talk to your county's family law facilitator or a domestic violence advocate about safety planning before you proceed, and consider whether a domestic violence restraining order is also appropriate for your situation.
There are two general routes to collecting unpaid child support in California, and they can be used together.
- The local child support agency (LCSA). A county agency, present in every California county, that can open an enforcement case for you at no cost and use a wide range of collection tools, from wage assignment to license suspension to tax refund intercepts.
- Private enforcement through the family court. You (or your attorney) can file a Request for Order (Form FL-300) directly with the court asking for a specific judgment on the arrears owed and other enforcement orders, without going through the LCSA's administrative process.
Most parents start with the LCSA because it's free and has enforcement tools an individual parent cannot easily arrange alone. Some parents also, or instead, go to court directly, particularly if they already have an attorney or want a fast, specific arrears judgment rather than relying on the agency's own timeline.
<h2 id="what-the-lcsa-does">What the Local Child Support Agency Does</h2>Every California county has a local child support agency (sometimes still called by its older name, the district attorney's family support division, though it now operates under the state Department of Child Support Services). The LCSA can:
- Establish a child support order if one doesn't exist yet
- Enforce an existing order, whether it came from the LCSA's own process or from a private family law case
- Locate a parent's employer and assets using access to state and federal databases
- Enforce support across state lines and, in many cases, internationally
You can open a case with your LCSA regardless of whether you have a private attorney, and regardless of whether your original support order came out of a divorce, a paternity case, or a custody case. There is no cost to open a case. The LCSA acts on your behalf as the recipient parent, but it is a government agency, not your personal lawyer, so it represents the state's interest in collecting support, which generally aligns with yours but isn't identical to hiring your own attorney.
The single most common way California collects child support, for parents who are currently paying and parents who have fallen behind alike, is wage assignment, formally known as an Income Withholding Order (Form FL-195).
Here's how it works in plain terms:
- When a judge signs a child support order, the court also generates an Income Withholding Order (FL-195) directed at the paying parent's employer.
- The employer receives the order and generally has a short window, commonly around 10 days, to begin deducting the specified amount from the parent's paycheck.
- The employer sends the withheld amount to the State Disbursement Unit (SDU), a central state office that processes support payments.
- The SDU forwards the payment to the recipient parent (or, in cases involving public assistance, applies it as required by law).
Wage assignment generally takes effect automatically once a support order is entered, not only after a parent has already missed payments. If a parent is self-employed, unemployed, or paid outside a traditional payroll system, wage assignment becomes harder to use directly, and the LCSA's other enforcement tools, described next, become more important.
<h2 id="license-suspension-and-other-tools">License Suspension, Tax Intercepts, and Other Enforcement Tools</h2>Beyond wage assignment, the LCSA has several additional tools it can use, often at the same time rather than one after another, when a parent falls significantly behind on support:
- **License suspension.** Through the State License Suspension and Revocation program, the Department of Child Support Services can report a parent who owes significant arrears to state licensing boards, which can result in denial or suspension of a driver's license as well as professional and occupational licenses (contractor, cosmetology, real estate, and similar licenses).
- **Tax refund intercepts.** The Department of Child Support Services reports parents who owe significant arrears to the IRS and the California Franchise Tax Board, both of which can intercept federal and state tax refunds and apply them to the arrears balance.
- **Bank account levies.** The agency can have funds taken directly from a paying parent's bank accounts to satisfy arrears.
- **Credit reporting.** Unpaid support can be reported to credit agencies, affecting the paying parent's credit.
- **Property liens.** The agency can place a lien on real property owned by the paying parent, such as a house, which generally must be satisfied before the property can be sold or refinanced.
- **Passport denial.** The federal government can deny or refuse to renew a passport for a parent who owes a significant arrears balance.
A parent facing license suspension or another enforcement action generally has an opportunity to resolve the arrears, or set up a payment arrangement, before the action takes effect. If you are the paying parent and you've received a notice, contact your LCSA caseworker directly rather than waiting.
<h2 id="interest-on-arrears">Interest on Unpaid Support</h2>Unpaid child support in California accrues interest at 10% per year, similar to how credit card interest works. This interest is added by law and a judge generally cannot waive or reduce it, even where the judge has discretion over other aspects of the case.
For example, if a parent owes $400 a month and misses five months of payments, that's $2,000 in missed support. By the end of the year, with 10% annual interest continuing to accrue on the outstanding balance, the total owed grows beyond the original $2,000, on top of whatever the parent owes in current, ongoing monthly support.
Interest keeps accruing even if the paying parent is making partial payments toward the arrears balance. This is one of the practical reasons it helps to address missed support promptly rather than letting a balance grow for years before taking action.
Instead of, or in addition to, opening an LCSA case, a parent can ask the family court directly for enforcement orders by filing a Request for Order (Form FL-300). This route is common for parents who already have a private attorney handling their family law case, or who want a specific, documented judgment on the arrears amount rather than relying solely on the LCSA's own process.
What a Private Enforcement Request Typically Asks For
- A specific money judgment for the arrears currently owed
- Continued or renewed wage assignment against the paying parent's employer
- In some cases, an order addressing attorney's fees for having to bring the enforcement request
The General Process
- File the Request for Order and a supporting declaration describing the missed payments and the amount owed
- Serve the other parent with the filed paperwork, allowing the notice period the court requires before the hearing
- The other parent may file a Responsive Declaration (Form FL-320) disputing the amount or explaining their circumstances
- The judge holds a hearing and, if the arrears are established, enters a specific judgment for the amount owed
Filing privately through the court doesn't give you access to the LCSA's administrative tools, like license suspension or a tax refund intercept, unless you also open a case with the agency. Many parents use both: a court judgment establishing the exact arrears owed, and an LCSA case pursuing the broader collection tools.
If the nonpayment is willful, meaning the other parent has the ability to pay but simply refuses, a Request for Order isn't the only option. For a look at when and how a parent can be held in contempt for unpaid support, and why most parents try LCSA enforcement first, see our guide on contempt for missed child support in California.
<h2 id="choosing-your-path">Choosing Between the LCSA and Private Enforcement</h2>There's no single right answer for every family, but a few practical considerations tend to guide the decision:
- If cost is a concern, the LCSA is free and has enforcement tools you cannot easily arrange on your own, like license suspension or a bank levy
- If your case already involves public assistance, you may be required to work with the LCSA
- If you want a fast, specific arrears judgment and already have representation, private enforcement through a Request for Order may move more directly toward that goal
- If the other parent is self-employed, works informally, or is difficult to locate, the LCSA's investigative resources (access to state and federal locate databases) can be more effective than what an individual parent can do alone
- Nothing prevents you from doing both: opening an LCSA case for ongoing collection while also pursuing a private judgment for the arrears already owed
- Waiting years to take any enforcement action, which lets arrears and interest grow and can make it harder to track down income or assets
- Assuming that because wage assignment already exists, no further action is needed if the paying parent changes jobs, wage assignment generally needs to follow the new employer
- Not keeping your own records of what was actually paid versus what was ordered, this documentation matters if the case ends up in front of a judge
- Confusing an LCSA case with a private attorney relationship, the agency represents the state's interest in collection, not you personally
- Assuming a judge can waive accrued interest on arrears, generally the interest is set by law and is not discretionary
- Contacting the other parent directly about the missed payments in a way that escalates conflict or, in cases involving a history of abuse, creates a safety risk
What can I do if the other parent won't pay child support in California?
You generally have two options, and they are not mutually exclusive. You can open a case with your county's local child support agency (LCSA), which can pursue wage assignment, license suspension, tax refund intercepts, and other collection tools at no cost to you. Or, if you already have a private attorney or want more direct control, you can ask the family court for enforcement orders yourself through a Request for Order (Form FL-300). Many parents use the LCSA for ongoing collection and go to court separately for a lump-sum arrears judgment.
What is the local child support agency and do I have to use it?
The local child support agency (LCSA) is a county agency, present in every California county, that establishes and enforces child support orders on behalf of parents and, in some cases, on behalf of the state when a family has received public assistance. You are not required to use it if your case does not involve public assistance, but most parents find it worthwhile because the agency can pursue collection tools, like license suspension or a bank levy, that are impractical for an individual parent to arrange directly.
What is a wage assignment (income withholding order) for child support?
A wage assignment, formally called an Income Withholding Order for Support (Form FL-195), is a court order sent directly to the paying parent's employer directing them to deduct the support amount from each paycheck and forward it to the State Disbursement Unit, which then sends it to the recipient parent. Wage withholding is the standard method for collecting ongoing child support in California, and it generally starts automatically once a support order is entered, whether or not the paying parent has actually missed a payment.
Can California suspend a driver's license for unpaid child support?
Yes. California's State License Suspension and Revocation program allows the Department of Child Support Services to report a parent who owes significant unpaid support to state licensing boards, which can result in denial or suspension of a driver's license, and professional or occupational licenses (for example, a contractor's, cosmetology, or real estate license). A parent facing this generally has an opportunity to resolve the arrears or set up a payment arrangement before the suspension takes effect; contact your LCSA caseworker directly if you receive a suspension notice.
Will California take my tax refund for back child support?
Yes, this is one of the more common enforcement tools. The Department of Child Support Services reports parents who owe significant unpaid child support to the IRS and the California Franchise Tax Board, and both agencies can intercept federal and state tax refunds and apply them to the arrears balance.
Does interest accrue on unpaid child support in California?
Yes. Under California law, unpaid child support accrues interest at 10% per year, similar to how credit card interest works. That interest is added by law and continues to accrue even while a parent is making partial payments toward the arrears, and a judge generally cannot waive it.
Can I enforce a child support order without going through the local child support agency?
Yes. A parent can ask the family court directly for enforcement orders, including a judgment for the exact arrears owed and ongoing wage assignment, by filing a Request for Order (Form FL-300). This route can make sense if you already have an attorney, want a specific arrears judgment quickly, or your case does not otherwise involve the LCSA. It does not give you access to the LCSA's administrative tools like license suspension, however, unless you also open an LCSA case.
How Virdix Helps
Whichever enforcement path fits your situation, the paperwork needs to be complete and consistent. Virdix can help you prepare a Request for Order (FL-300) and supporting declaration for a private arrears judgment, so the amount you're claiming and the facts supporting it are clearly laid out for the court. If your situation may call for a contempt action instead, or in addition, read our guide on contempt for missed support in California first, and our broader child support resources cover related forms and county-specific process.
We're a document preparation service, not a law firm, and we don't provide legal advice or represent you in your case. For guidance specific to your situation, including whether an LCSA case, a private Request for Order, or both make the most sense for you, talk with a licensed California family law attorney or your county's family law facilitator.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center, California Judicial Council of California