Child Support Arrears in California: What You Need to Know
The ripple effects of divorce and child custody disputes last long after the divorce proceedings, particularly when it comes to your children. If you’re facing child support arrears in California, your ex-spouse is likely contacting you about it frequently.
You may have even been contacted by their lawyer asking you to settle your child support arrears immediately or face the consequences. Financial distress and future court appearances are inevitable if you do not understand your legal rights.
If the other parent claims you are past due and need to pay up, what should you do? Is there a child support arrears forgiveness program in California? Will you go to jail? As a divorce and child custody lawyer in San Diego, I can break down arrearage and outline the options you have once back child support becomes a problem.
Understanding Child Support Arrears in California
Child support arrears are overdue payments, or child support debt. The law in California imposes severe penalties on individuals who are ordered to make child support payments but fail to do so.
According to the law, parents must assume responsibility for their child’s financial needs, whether married, separated, or divorced. However, it is not uncommon for people who are ordered to make child support payments to become victims of injustice under state law.
For this reason, it is paramount that you seek the help of an attorney who can help you through the process. A child support lawyer will take the necessary steps to verify that the amount you are required to pay is accurate and fair. In addition, your attorney will help ensure your children receive an appropriate amount of monetary support.
Common Reasons Child Support Arrears May Occur
Financial challenges can derail even the best intentions, leaving many parents struggling to meet court-ordered obligations. Hardship situations such as job loss or unexpected pay cuts may create a gap between income and required payments. One significant factor occurs when orders are automatically issued without proper personal service, resulting in amounts that exceed your actual capacity.
Mistakes in record keeping or miscommunication can cause missed deadlines and miscalculations that intensify financial burdens. A change in personal circumstances often goes unaddressed due to delays in seeking order modifications, further compounding debt levels. These issues contribute to mounting liabilities regarding child support arrears in California.
I advise you to examine your payment history and discuss your situation with a seasoned California attorney. Doing so will help you gain clarity and achieve potential relief. With financial planning and timely communication, the court may offer avenues to rectify discrepancies. Understanding these contributing factors equips you with the knowledge to pursue adjustments and manage obligations effectively.
What Happens If You Skip Paying Child Support?
If you fail to address child support arrears in California, you may face multiple legal consequences. For instance, the government could intercept up to half of your earnings to satisfy your child support obligation.
These wages include those from unemployment insurance, Social Security, tax refunds, disability, and worker’s compensation. In addition, you could face a misdemeanor criminal charge for willfully neglecting to make child support payments. The consequences for this may range from a fine to time behind bars.
Additional Consequences for Failing to Settle Child Support Arrears
Other penalties you may face due to child support arrears in California include suspension of your driving license. Furthermore, you can expect to pay an interest amount totaling 10% of the past due amount each year. You could also be assessed a penalty of between 6% and 72% on your delinquent amount if you are 30 days or more late.
In addition, if you have professional licenses in California, these could be suspended while you are behind on your child support payments. You might also have trouble renewing your passport, and your credit rating may be affected. Furthermore, if you own residential or commercial property, the court can place a lien against it.
How to Contest Child Support Arrears in California
Parents facing job loss or unemployment may question the fairness of their payment obligations and seek a review of past orders. However, a court petition provides a formal path to request adjustments when income changes or errors appear in the original calculation.
Make the extra effort to review your financial records and compile documents such as pay stubs, tax returns, and bank statements to support your claim. Evidence showing discrepancies between reported earnings and the amounts used in the order may prove persuasive at a hearing.
If you receive a default order without proper notice or due process, you can argue that the imposed amount does not reflect your current financial reality. Negotiation with the other party might be another strategy. It can lead to a reduction or compromise, especially when public assistance factors are involved.
Child Support Forgiveness
The good news is that you may be able to take advantage of the child support arrears forgiveness program in California, depending on your situation. You cannot have a backlog of support reduced retroactively, but the court could excuse it if your children were residing with you at the time when your support debt was accumulating. This principle is known as equitable forgiveness.
In addition, if you currently owe support to your county, you could apply to have the debt decreased by as much as 90%. You could also try to settle child support arrears with your ex-spouse for less than what you owe by making a lump-sum payment. In this instance, you and the other party must sign an agreement, and the court will review it for final approval.
Note that the court may also modify your current obligation for support. If you can demonstrate that the amount no longer fits due to a significant change in income, the court may consider child support forgiveness.
Other Important Considerations Regarding Child Support Payments
When the court decides to settle child support arrears, you should plan to make these payments until your children reach 18 years old. You can quit before then only if your child becomes emancipated or if you lose current parental rights.
Also, you cannot avoid fulfilling your support obligations by filing for bankruptcy. Doing so will not eliminate your requirement to make child support payments. Likewise, if you still have child support arrears in California when your child reaches 18, your obligation remains in effect until you have made all required payments.
Receive Help with Your Child Support Issue from an Attorney Today
Understandably, not knowing how to contest child support arrears brings fear regarding the impact on your financial future. Fortunately, I, Michael C. MacNeil, provide family law services. I will clearly explain what you should expect and explore the possibility of child support forgiveness.
I take pride in personalizing and customizing each case, as I handle every detail myself. There is no need to worry about going through a secretary or paralegal. You can contact me directly for help with child custody or support issues. Contact me today to schedule a consultation. I will protect your rights and interests from start to finish.
FAQs
How long do I have to pursue legal action for late support payments in California?
In California, there is no statute of limitations for arrears. Unpaid amounts remain collectible indefinitely. Legal action to collect these debts can be initiated at any time, regardless of how long the balance has accrued.
Is it possible to adjust retroactive support orders in California?
Retroactive orders can be modified under certain circumstances. Courts may reconsider adjustments when there are significant changes in financial conditions, errors in the original calculation, or evidence of misapplication of the retroactive period. Each case is reviewed to balance obligations with the ability to pay.
Does California have a program for forgiving child support arrears?
California offers a program that helps parents in tough financial spots lower their payment burdens. If you qualify, you might pay less overall. Typically, arrears owed to the state may be partially forgiven when specific eligibility criteria are met, although support owed directly to the custodial parent generally remains intact.
Who is entitled to receive the accrued interest on unpaid support amounts?
Interest on unpaid amounts is generally collected by the state or designated enforcement agency rather than the custodial parent. Interest accrues automatically on overdue obligation, and its collection is managed by governmental agencies to offset public funds advanced to cover support payments when the payer falls behind.