Child Support Enforcement FAQs
1. If I owe child support arrears, 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 arrears 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 child support arrears 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 arrears amount. I need my job to pay my arrears. What should I do?
Contact a Wallin & Klarich family law attorney. A family law attorney can help you so that your professional license or driver’s license may not be revoked, or can help you get your license reinstated. 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 arrears amount. However, if the court finds you in contempt for failing to pay child support you may be sentenced to fines and even jail time. In addition if you willfully fail to provide child support and are subsequently charged under California Penal Code section 270, you may be charged with a misdemeanor which could lead to a jail sentence.
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 order. Contact a Wallin & Klarich child support attorney to see whether you will be able to modify a child support order given the circumstances.
5. Is an earning assignment, or wage garnishment, still enforceable in California if it was issued in another state?
According to Family Code section 5230.1 earning assignment orders are enforceable across state lines. This means that if you were issued an earning assignment by another state court your California employer would be obligated to comply with the earning assignment as if the earning assignment had been issued in California. Similarly, child support orders that are issued in another state, or child support orders that are issued in California prior to the child moving from the state, are still enforceable across state lines.
6. Why should I call Wallin & Klarich to assist me with my child support case?
The child support attorneys at Wallin & Klarich understand that child support issues can be painful and cause a lot of stress in your life and family. The family law attorneys at Wallin & Klarich have over 30 years of experience, and have the legal knowledge to assist you with any child support issue you may be facing. With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you happen to live. Call us today at (888) 749-7428. We will get through this together.