Enforcing Child Support and Custody Orders in California

1. Wage Assignment (Earnings Withholding Order)

A wage assignment, sometimes called an Earnings Withholding Order (EWO), is California’s fastest weapon for parents wondering how to enforce child support in California. Family Code §5233 authorises an automatic deduction directly from the paying parent’s paycheck.

Step-By-Step Instructions

1. Complete Judicial Council Form FL-195. Fill the amount for ongoing support and any monthly arrears payment.
2. Take FL-195 to the clerk for signature. Many windows sign on the spot; some route it to the judge’s chambers within 48 hours.
3. Serve the employer by certified mail, return receipt requested, or with a registered process server. Include a self-addressed stamped envelope for courtesy.
4. Verify the employer’s duties: first deduction must occur in the next pay cycle; lump-sum bonuses and commissions are garnished up to 50 % unless the obligor has multiple orders.
5. Follow up: call payroll after two pay periods. If no deduction appears, file a Notice of Employer Non-Compliance; penalties reach $500 per pay period.

Pro Tip: List “including but not limited to bonuses and commissions” on FL-195 so windfalls are automatically intercepted. Double-check the employer’s FEIN—errors here stall wage garnishment for weeks.

2. Contempt Proceedings for Willful Non-Payment

A parent who refuses to obey a support or custody order risks being found in contempt of court. The remedy is blunt but effective because the violator faces fines—and even jail—until compliance. When filing, remember the long-tail keyword file contempt for unpaid child support California: judges search for willful defiance.

Key Facts

• Statute of limitations: three years from each missed support payment; two years from each custody violation.
• Forms required: FL-410 (Order to Show Cause), FL-411 (Affidavit of Facts), and a supporting declaration laying out dates, amounts, and evidence of knowledge.
• Burden of proof: “Beyond a reasonable doubt” for criminal contempt, so document every missed payment or withheld visitation meticulously.
• Penalties: Up to five days in jail and/or $1,000 fine per count, plus attorney’s fees for the moving party.

Most parents succeed with civil contempt, aimed at coercing compliance. Judges often set “purge conditions” (e.g., pay $2,500 by next hearing) instead of jailing a parent whose income is their children’s lifeline.

3. Getting Help From the Department of Child Support Services (DCSS)

California’s DCSS offers free enforcement for anyone with a child-support order, regardless of income. After opening a case online or at the county office, DCSS becomes the official “support creditor” and wields statewide databases that track wages, bank accounts, and tax refunds.

Advantages

• No attorney fees—DCSS lawyers represent the state.
• Automatic intercept of state and federal tax refunds, lottery winnings, and unemployment benefits.
• Administrative suspension of driver’s and professional licences.

Drawbacks

• Slower response times due to heavy caseloads.
• Limited to support—DCSS cannot enforce custody or visitation issues.
• You lose control over settlement flexibility; the agency follows strict guidelines.

Parents may later ask DCSS to close the case if they regain trust or wish to negotiate payment arrangements privately.

4. Enforcing Custody & Visitation Orders

Missed exchanges and last-minute cancellations undermine a child’s sense of stability. California Family Code §3028 permits fines and attorney’s fees when one parent “frustrates or interferes” with custody or visitation. Start by documenting every denial with date-stamped texts, e-mails, or parenting -app logs. Judges prefer calendars that show the pattern rather than isolated complaints.

Remedies at a Glance

• Police standby: Show the certified order at exchange locations; many departments will log non-compliance.
• Ex-parte emergency orders: For imminent harm, file FL-300 with the Application for Orders and Supporting Declaration seeking temporary change.
• Make-up time: Courts routinely award additional overnights as compensation.
• Contempt: Same procedure as support contempt; each missed visit counts as a separate violation.

Persistent interference can become a factor in modifying custody—see our modification guide .

5. Collecting Unpaid Support (Arrears)

California support arrears accrue 10 % simple interest annually—among the highest rates nationwide. Courts cannot forgive interest, and parents have up to 20 years after the youngest child reaches 18 to collect. Strategies include:

• Judgment liens on real property—recorded with the county recorder to block sale or refinance until paid.
• Bank levies under Code of Civil Procedure §700.160. Sheriff serves the financial institution; funds are frozen for 10 days and then released to you.
• Credit bureau reporting through DCSS or private collection—increases pressure on obligor to pay.

For large arrears, combine a lien with an Earnings Withholding Order to chip away at principal while interest accrues on a shrinking balance.

6. Special Enforcement Tools

Some obligors hop jobs, hide income, or move assets offshore. California and federal programs fill the gaps:

• License suspension program: Driver’s and over 40 professional licences (e.g., contractors, nurses) suspended for arrears over $2,500.
• Passport denial: U.S. State Department blocks passport issuance or renewal once arrears exceed $2,500. Perfect for obligors eyeing an overseas job.
• Federal tax refund intercept: Automatic when DCSS is involved; private creditors may request through the Treasury Offset Program.

These tactics shine when the paying parent is self-employed or collects income in cash that evades wage garnishment.

7. How to File an Enforcement Motion (FL-300)

When self-help measures stall, file a comprehensive FL-300 enforcement motion. Attach Item 2 (“Other relief”) and Item 10 (“Facts and reasons”) pages. Include:

• Current arrears ledger or missed visitation log.
• Proposed Earnings Withholding Order packet for judge signature.
• Updated FL-150 if support modifications are sought simultaneously.
• Points and authorities citing Family Code §§290, 5230, and Code Civ. Proc. §1218.

Serve at least 16 court days before the hearing (add 5 calendar for mail). Bring three stamped envelopes for minute orders, plus a draft order for the judge’s convenience. For sample language, see our upcoming FL-300 instructions guide .