Ignoring a California child support or spousal support order for whatever reason is no defense when the supported party brings a motion to enforce the support order or worse yet, brings a contempt citation that could result in jail time. A California support order can survive the death of the supporting party whereby the supported party is paid first from the supporting spouse’s estate. Moreover, a California support order is non-dischargeable in bankruptcy court and will follow you around forever.
If circumstances change, such as lost job or illness, the supporting party should IMMEDIATELY file a motion to modify the California support order because until the support for is modified, the supporting party must continue to pay support as ordered regardless of their ability to pay. There are only a few rare exceptions to paying support in California that rarely apply. A California support judgment may result in wage garnishment, bank levees, tax refund intercept by the Department of Child Support Services as well as passport and license revocation. Bottom line is you better pay your California support order or file a motion to modify the order. Otherwise the financial consequences could be severe and last a lifetime.
For more information about complying with support orders, contact one of our experienced family law attorneys to discuss your case.