Child Support Collection Process – FAQs

1. If I owe child support arrearage, is my passport automatically revoked?

No, if you have a current valid passport, it will not be revoked. However, the next time you must renew your passport, any arrearage amount will likely prevent you from renewing your passport. Also, if you currently do not have a passport and wish to apply for one, any arrearage amount will likewise prevent the federal government from issuing you your passport.

2. I am a professional with a state license, but my license may be suspended if I don’t pay my arrearage amount. I need my job to pay my arrearage. What should I do?

Contact a Southern California family law attorney. An attorney can ensure that your professional license or driver’s licence will not be revoked (or will be reinstated) if you can show that the license is necessary to pay the arrearage. However, recreational licenses not necessary to satisfy child support obligation (such as a gun license, hunting or fishing license, etc) will likely remain suspended.

3. Can I go to jail for not paying child support?

You cannot go to jail just because you have an arrearage amount. However, if the court finds you in contempt for failing to pay child support, or if you are charged under PC section 270 for willful failure to provide necessary care to a child, you may go to jail on those grounds. You will likely only be subject to jail if you willfully refuse to child support and the circumstances are especially egregious, because a person in jail usually will not be earning money to pay the arrearage amount.

4. Do I still have to pay child support if I declare bankruptcy?

Yes. Child support obligations cannot be discharged through bankruptcy. However, the fact that you have declared bankruptcy may justify modifying the current child support payment scheme. Contact a child custody attorney for details.

If you or someone you know has an issue with child support, you will need an experienced Southern California child support lawyer to help you through this difficult matter. At Wallin & Klarich, we have helped people with child support for over 30 years. Call us today at (888) 749-7428. We will be there when you call.