Enforcing a Support Order

Enforcement actions are taken by DCSS if the noncustodial parent does not pay or pays less than the amount ordered, or if the noncustodial parent does not provide health insurance for the child as ordered by the court. DCSS will determine what types of enforcement actions are to be taken, consistent with state and federal regulations. 

Mandatory Wage Withholding

The employer of the noncustodial parent is served with a court order to withhold a specified amount of current support and back child support, with instructions to send the wages to DCSS for distribution. Once an Income Withholding Order is served, the employer must honor it as long as the noncustodial parent remains employed.

An employer may not take more than 50 percent of the noncustodial parent's disposable earnings unless ordered to do so by the court. The Income Withholding Order has priority over any other withholding order against the noncustodial parent.

Liens

Personal Property Lien

A judgment lien on personal property is a lien on all interests in that property that is subject to enforcement of a money judgment, such as accounts receivable, equipment, inventory, chattel paper, farm products, and negotiable documents of title. The lien continues on the proceeds received upon the sale, collection or other disposition of the property subject to the lien.

Real Property Lien

DCSS will record support orders and judgments with the county Recorder to create a lien against any real property in that county in which a noncustodial parent has or acquires an interest. Any action by the noncustodial parent to sell or refinance is prevented unless the lien is satisfied in full, or other arrangements are made with DCSS.  

Statewide Intercept and Information Systems

Income Tax Refund Offset

The Internal Revenue Service and Franchise Tax Board Tax Refund Intercept Systems will intercept noncustodial parents' state and federal income tax refunds to pay their past-due child support.

Unemployment Insurance Benefit Intercept

The Unemployment Insurance Benefit Intercept System will intercept a portion of the noncustodial parent's state unemployment benefit payments to pay past-due child support.

State Disability Insurance Intercept

The State Disability Insurance Benefit Intercept System will intercept a portion of state disability payments owed to noncustodial parents to pay their past-due child support.

Lottery Winnings Intercept

The Lottery Winners Intercept Program intercepts lottery winnings owed to noncustodial parents to pay past-due child support.

Credit Reporting

Credit Reporting Systems reports the names of noncustodial parents with court orders to pay support, to all major credit reporting companies as good or bad credit risks.

State Licensing Match System (SLMS)

The State Licensing Match System (SLMS) denies state issued business, professional and driver's licenses to noncustodial parents who owe past-due child support and apply for a license or a renewal; denies these same licenses to noncustodial parents who are four months or more behind in paying support whether or not they are renewing and revokes the licenses of any noncustodial parent who fails to continue to comply with an agreement to pay past-due support in order to obtain a license.

Passport Denial

Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires the Secretary of State to refuse to issue a passport to any person certified by the Secretary of the Department of Health and Human Services (DHSS) as owing a child support debt greater than $2,500. Further, the Secretary of State may take action to revoke, restrict, or limit a passport previously issued to an individual owing such a child support debt.

New Hire Registry

The New Hire Registry requires employers in 17 industries to report new or rehired employees to the Employment Development Department within 30 days. Matches with the New Hire Registry provide DCSS with early identification when a noncustodial parent becomes employed.

Assets Match Program

The Assets Match Program identifies interest and dividend income paid to noncustodial parents who owe past-due child support.

Workers' Compensation

The Workers' Compensation Appeals Board Match System collects workers' compensation lump sum payments owed to noncustodial parents who owe past-due child support.

Board of Equalization Sales and Use Tax Intercept System

The Board of Equalization Sales and Use Tax Intercept System intercepts sales and/or use tax refunds owed to noncustodial parents who owe past-due child support.

Alaska Permanent Fund Dividend Match

The Alaska Permanent Fund Dividend Match intercepts dividend payments owed to noncustodial parents who owe past-due child support.

Health Insurance

California law requires a health insurance provision to be included in every child support order. If insurance is not available immediately, the noncustodial parent must provide it when it becomes available at no cost or at reasonable cost.

A health insurance coverage assignment may be issued to the noncustodial parent's employer or other person providing health insurance to the noncustodial parent. This is an order requiring the enrollment of the child(ren) in the parent's health insurance plan. The order also authorizes the employer to deduct the cost of the health care premiums from the noncustodial parent's earnings. The employer is instructed to notify DCSS of any lapse or change in the health insurance coverage.

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