10630 Town Center Drive, Suite 102
Rancho Cucamonga, CA 91730
Rancho Cucamonga, CA 91730
Child support arrears are payments that became due but were not paid. In California, valid arrears generally do not disappear because a parent has financial problems or because the child has become an adult. However, there are situations where the balance may be corrected, reduced, or resolved.
The attorneys at All American Law have over 30 years of combined experience handling family law matters, including child support, divorce, and child custody disputes. They can explain the options available based on your circumstances.
California courts generally cannot go back and erase valid child support payments that have already become due. Ending or modifying current child support is different from addressing arrears that accumulated under an existing order.
However, an inaccurate arrears balance may be corrected, and certain qualifying debt owed to the government may be reduced through California’s Debt Reduction Program. For example, payment records may not properly reflect payments that were already made.
Because the rules depend on the type of debt, parents should first determine who is owed the money and whether the reported balance is correct.
A parent may ask the court to modify or end current child support when circumstances change. This does not usually erase unpaid support that has already become due.
A parent whose income has dropped should consider requesting a modification promptly. Waiting can allow additional unpaid support to accumulate.
The court may also address how existing arrears are repaid. Depending on the circumstances, a parent may be able to request a change to the monthly amount being paid toward the past-due balance.
The correct procedure depends on what the parent is asking the court to decide. A parent may need to dispute the arrears balance, request a different payment toward arrears, or seek a modification of ongoing support.
The process may involve:
If the local child support agency is involved, a parent may also request an accounting of the arrears. Reviewing the records first can help identify the issue that needs to be addressed.
Financial hardship does not automatically erase arrears. However, a significant change in financial circumstances may support a request to modify the current child support. A parent may also be able to ask the court to adjust the amount paid toward existing arrears.
A parent may dispute an arrears balance if payments were not properly credited or the amount is otherwise incorrect. Payment records, bank statements, court orders, and an accounting from the local child support agency may help establish the correct balance.
Yes. California’s Debt Reduction Program may reduce certain qualifying child support debt owed to the government. It does not reduce support owed directly to the other parent.
The person receiving support may voluntarily agree to reduce some or all of the past-due support owed directly to them. This is different from California’s Debt Reduction Program for qualifying debt owed to the government.
Generally, no. The end of an ongoing child support obligation does not automatically erase unpaid support that became due under an existing order. Past-due support may remain enforceable after current support ends.
Child support arrears can be difficult to resolve because the available options depend on the support order, payment history, and who is owed the money. Addressing the issue promptly can help determine what options may be available.
All American Law can review your child support orders, payment records, and circumstances and explain your legal options. We also handle related family law matters, including divorce and child custody disputes, when those issues arise alongside child support concerns.
Contact us today at 909-944-8880 to schedule an initial consultation with a California child support attorney.
We serve all through Rancho Cucamonga and its surrounding areas. Visit our office at:
All American Law
10630 Town Center Drive Suite 102
Rancho Cucamonga, CA 91730
