What Happens If You Cannot Pay Child Support?

What Happens If You Cannot Pay Child Support?

Are you behind on child support? Learn what happens if you cannot pay child support and how Kendall Gkikas & Mitchell, LLP can help you out.

Understanding the Different Types of Child Support Arrears

The first step to dealing with your case when you fall behind on child support is to understand the different types of child support arrears that there are. There are two different types of child support arrears. The first type if assigned arrears that refer to when the custodial parent receives government assistance. If you are in this type of arrears, you will likely have to pay the child support payments directly to the state.

The other type of child support arrears is unassigned arrears. This is when the non-custodial parent owes money to the custodial parent directly. The amount you owe is called back child support and in California, interest typically accrues at a 10% interest rate.

The Potential Consequences of Not Paying Child Support

If you fail to pay child support many consequences can arise. First, the government can withhold your wages, reduce your ability to get disability benefits, and garnish unemployment payments. In addition, the government can also suspend your driver’s license, put a lien on your property, or even prevent you from obtaining a passport. In extreme events, the courts can even charge you criminally with a misdemeanor. None of these are good, which is why you should act quickly if you fall behind on child support.

What To Do If You Are Behind on Child Support and Cannot Pay

If you fall behind on child support payments you shouldn’t simply ignore the problem. In California, every county has an office for child support services. When you fall behind on child support payments, you should first try to work out an agreement with your co-parent to develop an adjusted payment plan. They have the right to waive back child support.

However, this is not possible in every case. If you want to avoid wage garnishment or even prison, you can petition the court to modify your child support order. If you can demonstrate that you are unable to pay the child support that you are required to, the court may decide to adjust the order. In these situations, it is best to have a skilled family law attorney help you through the process.

Contact Kendall Gkikas & Mitchell, LLP for help with your child support case today!

If you cannot pay child support there are negative consequences that may arise. It is essential to not simply ignore child support, rather, you should address the issue as quickly as possible within the legal system. At Kendall Gkikas & Mitchell, LLP, we have over 26 of experience when it comes to dealing with child support issues. Do not let your inability to pay child support put you at risk of arrest or other legal issues. Give us a call today at 909-482-1422 to schedule a consultation with our knowledgeable attorneys.

To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.