How to Handle Child Support Arrears in California: A Step-by-Step Guide

You’ve gone through mediation and to court, and there are agreements in place, yet your ex-spouse still isn’t holding up their end of the agreement. When it comes to how to handle child support arrears in California, even though things might seem stressful right now, we can help.

You might feel frustrated, but at Bickford Blado & Botros, we have compiled a comprehensive guide to help you navigate child support enforcement. If you’re dealing with missing payments, or you are the one who can’t pay, we’ll take you through what your choices might be in the Golden State.

Understanding What’s Owed

Child support arrears refer to unpaid child support that’s accumulated over time, and in California, non-payment can have some pretty serious consequences. Whether it’s missed payments or an ex who is unable to maintain steady payments, understanding how much is owed is important when you’re trying to reestablish financial obligations.

You can get updated balance information through the California Department of Child Support Services (DCSS). They keep track of payments, arrears, and the distribution of funds. You can access this information online, which makes it easier than ever to figure out the total owed.

Check for Errors – Common Errors in Child Support Calculations

Sometimes, the child support system, like all systems with human input, can have errors. While not ideal, mistakes can – and do – happen, and system errors could be one of the external factors driving up your arrears.

Whether it’s duplicate charges or missed payments that weren’t properly recorded, don’t be afraid to review payment records carefully. If discrepancies arise, you may request an audit from the DCSS or seek guidance from a family law attorney. Taking care of these discrepancies now can save you time, money, and frustration in the future.

Consider a Modification of Support

If your income or financial circumstances have significantly changed since the original order was put in place, it might be worth exploring the possibility of modifying your child support arrangement. In California, child support orders can be modified based on a change in circumstances, like a job loss, a substantial raise, or even if the needs of the child change.

If you’re the paying parent and you’re struggling to meet your end of the bargain, you can request a modification to reduce your monthly payments. For the receiving parent, however, if the other parent is underpaying or not paying at all (and their circumstances have improved), this could be a good opportunity to request an increase. Modifying your child support order can be complicated, so make sure you consult with an attorney to determine the optimal path forward.

Explore Payment Plans and Settlements

The court system offers a few ways to tackle those child support arrears, and depending on the situation, a payment plan could be an option, especially if the paying parent isn’t able to make payments. Working with the DCSS or your attorney, you might be able to negotiate a manageable plan that fits within your financial reality, but it’s important to understand that the longer you wait to take care of your child support debt, the more likely it will increase due to penalties, interest, and enforcement actions.

Enforcement of Payments – Legal Consequences of Child Support Non-Payment

If you’ve tried everything and still haven’t been able to resolve your debt, the court has a few enforcement options at its disposal, including wage garnishments, tax refund interception, and even property liens. It’s important to take action sooner rather than later.

The Big Picture: It’s About the Kids

Remember, the ultimate goal of child support is to ensure the child’s financial well-being, so whether you’re the paying or receiving parent, keeping the interests of the child front and center should always guide your actions. If you’re struggling to keep up with payments, don’t wait until your debt becomes too great to handle. Take action now and work with your attorney to find a solution. The sooner you do, the better it is for everyone involved – especially your child.

FAQs

Q: Can I Go to Jail for Not Paying Child Support Arrears?

A: In some cases, failure to pay child support arrears can land you in jail. While it’s normally a last resort, a court could find you in contempt if you repeatedly fail to make payments and haven’t made a reasonable effort to pay or modify your support arrangement. Always work with an attorney to avoid this outcome.

Q: What Happens If the Paying Parent Has Passed Away but Still Owes Child Support?

A: If the paying parent passes away with outstanding child support arrears, the debt can be paid off by their estate. California allows for the collection of arrears from the deceased parent’s assets, including their savings or property. To receive the child support owed, the surviving parent must file a claim against the estate.

Q: Can I Negotiate a Lump-Sum Payment for My Child Support Arrears?

A: Yes, it’s possible to negotiate a lump-sum payment for child support arrears. However, this should be done with legal guidance to ensure the settlement complies with California law. Both parents (or their attorneys) might agree to settle the debt with a one-time payment to reduce the total amount owed, which could include waiving penalties or interest. The settlement must consider the interests of the child, however, and ensure their well-being will be met.

Q: Can I Challenge the Amount of Child Support Arrears If I Was Never Notified About the Payments?

A: If you were never properly notified about the child support payments or arrears, you could challenge the amount in court. If the court agrees, the payments could be reduced or modified. It’s important to present clear documentation proving your lack of notice, and working with an attorney can make sure that your rights are protected during this process.

The Importance of Legal Representation

While you could go it alone when dealing with child support arrears, having an attorney by your side can make the process smoother, faster, and far more effective.

At Bickford Blado & Botros, we have experience handling child support cases from every angle and can help you work out a payment plan, deal with enforcement actions, or even fight for a modification. Contact us today to schedule a consultation, and let’s talk about your options.

 

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