Your child is older now, and you thought the monthly child support issue was finally behind you. Then a notice arrives showing an unpaid balance from years ago, and suddenly a part of your old support case is back in front of you. You start wondering whether that amount still has to be paid and what happens now that the original support period has ended.
Barnholtz & Kugler understands how difficult it is when an old financial obligation follows you into a new stage of life. We are here to help you understand what the balance means and what options you have for dealing with it.
What Are Arrears in Child Support?
Arrears are unpaid child support amounts that accumulate under an existing court order. When a parent misses payments or pays less than the required amount, the unpaid portion becomes past-due support. That balance can continue growing through interest, even after the original payment period ends.
How Do Child Support Arrears in California Work?
The balance may include missed payments, accrued interest, and adjustments for payments or credits the parent has already received. Unlike many ordinary judgments, support judgments generally remain enforceable until the parent pays or otherwise satisfies them.
What Is the California Child Support Arrears Interest Rate?
Unpaid child support generally accrues interest at 10% annually. For example, $5,000 in unpaid principal would generate $500 in interest over one year at that rate, assuming the entire principal remained unpaid throughout the year. Actual calculations depend on when installments became due and when the parent made payments. Interest generally accrues on the unpaid principal rather than automatically compounding on previously accrued interest.
Do Child Support Arrears After 18 in California Continue to Be Owed?
Yes. The end of regular child support does not erase unpaid amounts from earlier years.
California generally requires support for qualifying unmarried children who remain full-time high school students after turning 18, until they finish 12th grade or reach 19, whichever occurs first. Other circumstances or agreements may also affect support obligations.
However, an existing arrears balance remains a separate obligation. The parent owed support may pursue collection even after the child reaches adulthood and regular payments have ended.
Can California Child Support Arrears Be Forgiven or Reduced?
The answer depends partly on whether the unpaid money belongs to the receiving parent or the government. California applies different rules to these obligations.
Support Owed to the Other Parent
A parent generally cannot eliminate past-due child support simply because of financial hardship or an agreement with the other parent. California law restricts retroactive modification of accrued support, although a genuine dispute over the amount owed may present separate legal questions. Any proposed settlement should be reviewed carefully to determine whether it is legally enforceable.
Support Owed to the Government
California’s Debt Reduction Program may allow qualifying parents to settle government-owed support debt for less than the full amount. Eligibility depends on factors such as income, assets, family size, and living expenses. The program does not eliminate the entire debt, change current support, or reduce amounts owed directly to the receiving parent.
What Happens If You Cannot Pay Child Support Arrears?
Financial hardship does not cancel an unpaid support balance. However, you may have options for managing payments or addressing errors, including:
- Discuss repayment terms—ask about an affordable schedule for paying arrears,
- Review current support—determine whether changed circumstances justify requesting a modification, and
- Explore debt reduction—check whether any government-owed balance qualifies for compromise.
A payment plan changes how you repay the debt, while a modification generally addresses support obligations in the future.
How Does California Enforce Unpaid Child Support?
California offers several enforcement methods when a parent falls behind. The procedures and available remedies depend on the circumstances and whether a local child support agency handles the case. Those include:
- Income withholding—collecting support through eligible wages or other income,
- Bank levies—collecting qualifying funds from financial accounts,
- License restrictions—suspending or limiting certain driving or professional licenses under statutory procedures, and
- Contempt proceedings—seeking court sanctions when a parent willfully disobeys a support order despite having the ability to comply.
License restrictions involve notice and opportunities for review or compliance. Contempt is not automatic and may involve community service, imprisonment, or other consequences following the required court findings.
How Can You Verify a Child Support Arrears Balance?
Start by comparing the outstanding balance with the original support order and available payment records. Review the dates payments became due, the amounts collected, the interest charged, and the credits applied. If your local child support agency handles the case, you can request an accounting. When a dispute remains, you may ask the court to determine the amount owed using the appropriate forms and supporting payment history.
Can You Modify Child Support While Arrears Remain Unpaid?
You can request a modification of ongoing child support when changing circumstances justify court review. However, California generally prohibits retroactively changing amounts that became due before the request for modification.
This means a successful request to reduce future payments may leave the existing arrears balance intact. If the financial problem involves both current support and back payments, you may need to address them through separate requests.
What Are Child Support Arrears in California? Discuss with Barnholtz & Kugler
Barnholtz & Kugler represents clients in both the enforcement and modification of existing support orders, drawing on more than 60 years of combined legal experience. The firm understands that support disputes often develop over time and may involve prior orders, changing financial circumstances, and disagreements about what remains owed. Through direct communication with attorneys and individualized attention to each case, Barnholtz & Kugler helps clients address those issues with a strategy tailored to their case’s history.
You Don’t Have to Know the Law to Know Something Isn’t Right
Whether you owe past-due support or need help collecting unpaid amounts, understanding the balance is an important first step. Contact Barnholtz & Kugler to schedule an appointment and discuss your options for addressing child support arrears.