What Are Child Support Arrears?
Child support arrears are unpaid child support amounts that have become past due. If a parent is ordered to pay child support and does not pay the full amount on time, the unpaid amount becomes a past-due balance.
Arrears may result from missed monthly payments, partial payments, late payments, failure to pay support add-ons, failure to reimburse childcare expenses, or failure to reimburse medical expenses. They may also develop after job loss or reduced income when no court-ordered modification was requested.
In some situations, arrears grow because of confusion about payment records or informal agreements that were never made into enforceable court orders. Over time, even small payment problems can turn into larger balances if they are not addressed.
The California Courts explain that when a parent falls behind on child support, interest is added to the unpaid support balance. The interest rate for unpaid support in California is 10% per year. Because arrears can grow quickly, parents should not ignore past-due support.
Past-Due Child Support Can Add Up Quickly
A parent may fall behind for many reasons. Sometimes a job loss, illness, reduced hours, or unexpected financial hardship makes it difficult to pay. Other times, a parent stops paying because of conflict with the other parent or confusion about custody and visitation.
Regardless of the reason, the support order remains in effect unless the court changes it.
This means a parent who cannot pay the ordered amount should not simply stop paying and hope to work things out later. The unpaid balance may continue to grow, and enforcement actions may become more likely.
Past-due child support can affect the parent receiving support, the child’s household stability, and the paying parent’s finances. It may also lead to wage withholding, interception of tax refunds, credit reporting issues, driver’s license or professional license consequences, court proceedings, effects on future support calculations, and complications in settlement discussions.
California Child Support Services explains that the agency will continue to enforce the order until all past-due support is paid in full.
Child Support Add-Ons and Arrears
Child support arrears do not always involve only the monthly base support payment. They may also include unpaid child-related expenses that were ordered by the court, such as childcare costs, health insurance premiums, uninsured medical expenses, dental expenses, vision care, therapy or counseling expenses, educational expenses, and other court-ordered child-related costs.
These expenses can become disputed when the order is unclear, receipts were not provided, reimbursement requests were not made properly, or one parent did not understand what was required.
A careful review of the order is important. The order should explain what must be paid, how expenses are divided, how reimbursement requests are handled, and when payment is due.
Enforcement Options for Unpaid Child Support
Child support is a court order. When a parent does not pay, the other parent may have legal options to enforce the order.
Depending on the case, enforcement may involve wage withholding, payment through the State Disbursement Unit, income withholding orders, tax refund intercepts, bank levies, liens, credit reporting, license-related enforcement, passport-related enforcement in qualifying cases, court enforcement requests, contempt proceedings in appropriate cases, and involvement by the Local Child Support Agency.
California Child Support Services provides enforcement services for existing child support orders, and its Debt Reduction Program page explains that some support debt may be collected or managed through state child support services when the agency is involved.
Enforcement options can depend on whether the Local Child Support Agency is involved, whether payments were made through the State Disbursement Unit, the amount owed, and the facts of the case.
Viktoriya helps parents understand possible enforcement routes and how their child support order may be enforced.
What to Do If You Have Not Been Paid
If you are the parent who has not received court-ordered child support, it can be stressful and financially difficult. Child support may be needed for housing, food, clothing, transportation, school needs, childcare, and medical expenses.
If support has not been paid, it may help to:
- Review the current child support order
- Gather payment records
- Check whether payments went through the State Disbursement Unit
- Document missed or partial payments
- Keep records of unpaid childcare or medical reimbursements
- Avoid relying only on verbal agreements
- Consider whether enforcement action is needed
- Determine whether the Local Child Support Agency is involved
- Speak with an attorney about the best next step
An attorney can help you determine whether the unpaid amount is enforceable, whether the payment history is accurate, and what options may be available to collect past-due support.
What to Do If You Cannot Pay Child Support
If you are the parent ordered to pay child support and you cannot afford the current amount, it is important to act quickly. Do not ignore the order, and do not assume that a verbal agreement with the other parent will protect you. Do not wait months before asking for help.
The California Courts warn that a judge generally cannot change support back to the date a parent lost a job or had an income change. A modification usually can only go back to the date the request to change support was filed with the court.
If you cannot pay, consider taking steps such as:
- Reviewing the current support order
- Gathering proof of income changes
- Gathering proof of job loss, reduced hours, disability, or other hardship
- Continuing to pay what you reasonably can
- Filing a request to modify support as soon as possible
- Avoiding informal agreements that are not filed with the court
- Keeping records of all payments made
- Seeking legal guidance before arrears grow further
A support order remains enforceable until the court changes it. If your income has changed, a child support modification may be necessary.
Can Past-Due Child Support Be Reduced?
Whether past-due child support can be reduced depends on the type of debt and the facts of the case. Parents should not assume that arrears can simply be erased.
In general, unpaid child support owed to the other parent is treated very seriously. However, California does have a Debt Reduction Program that may help qualifying parents reduce child support debt owed to the government. This program applies when the children received public assistance or were in foster care while the parent was not paying court-ordered support. It does not apply when the children never received public assistance or foster care benefits.
This distinction matters. Some arrears may be owed to the other parent, while other arrears may be owed to the government. The options available can depend on who is owed the money and whether the parent qualifies for any available program.
An attorney can help review the arrears balance and determine what options may exist.
Disputes Over Arrears Balances
Sometimes parents disagree about the amount of past-due support. One parent may believe payments were missed. The other may believe they paid directly, paid in cash, covered expenses instead, or were never properly credited.
Arrears disputes may involve missing payment records, cash payments, direct payments that were not processed through the State Disbursement Unit, payments made for rent, groceries, or other expenses, disputes over childcare reimbursement, disputes over medical expense reimbursement, incorrect wage withholding records, confusion about when the order began, disagreement about interest, or multiple support orders or modified orders.
Payment records are very important. Parents should keep proof of every payment and avoid relying on informal arrangements that are difficult to verify.
Viktoriya helps clients review orders, payment records, and disputed balances so the issue can be addressed more clearly.
Child Support Arrears and Custody or Visitation
Child support and custody are connected in some ways, but they are still separate legal issues. A parent generally should not deny parenting time because child support has not been paid. Likewise, a parent generally should not stop paying support because of frustration over custody or visitation.
If the other parent is not following the custody order, the proper response is usually to address custody enforcement or modification through the court. If support is not being paid, the proper response is usually to address support enforcement through the appropriate legal process.
This is one reason this page should cross-link to the broader Enforcement of Orders and Arrears page. Child support arrears may be one part of a larger enforcement issue involving custody orders, visitation orders, support orders, or other family law judgments.
When Child Support Arrears Become Part of a Larger Enforcement Issue
Child support arrears may overlap with other family law enforcement concerns. For example, a parent may owe support, fail to reimburse expenses, ignore court orders, or refuse to comply with other parts of a judgment.
A broader enforcement case may involve unpaid child support, unpaid spousal support, unpaid childcare or medical expenses, failure to follow custody orders, denied parenting time, failure to transfer property, failure to pay court-ordered debts, or failure to comply with a divorce judgment.
For issues beyond past-due child support, clients may also need guidance with Enforcement of Orders and Arrears. That broader page can explain enforcement options across multiple types of family law orders.
How OUr Law Office Can Help
The Law Office of Viktoriya S. Kurtzer assists parents with child support arrears and unpaid support matters in Temecula, Murrieta, and the surrounding communities of Riverside County.
Depending on the situation, Viktoriya can help review past-due child support balances, address unpaid monthly support, handle unpaid childcare or medical reimbursements, and review interest and payment history. She can also help parents pursue enforcement options, respond to enforcement concerns, and address disputed arrears. Additionally, she can help determine whether a modification may be needed, coordinate child support arrears with broader enforcement issues, and protect the child’s financial stability.
Past-due support can create pressure on both sides. Legal guidance can help parents understand the order, the balance, and the next step.
Speak With Our Attorney in Temecula
If you are owed child support, or if you owe support and cannot keep up with the current order, we can help you understand your options. Contact the Law Office of Viktoriya S. Kurtzer today to schedule your free consultation.