Child Support Arrears in California: No Statute of Limitations, No Waivers

Child support is a court-ordered payment to support a child’s needs, such as food, housing, and education. When these payments are missed, they become arrears, which are overdue amounts that remain legally enforceable until paid in full. In California, child support arrears are a critical issue for families navigating post-divorce or separation finances. This article addresses key questions about arrears, including whether there is a statute of limitations, whether they can be collected after many years, and whether they can be waived. Backed by California law and case examples, we provide a comprehensive guide to help you understand your rights and obligations.

Is There a Statute of Limitations on Child Support Arrears?

No. In California, there is no statute of limitations on child support arrears. This means that unpaid child support payments can be pursued by the custodial parent or relevant authorities at any time, regardless of how long ago the payments were ordered. This rule ensures that children receive the financial support they are entitled to, even years after the original court order.

Can You Collect Child Support Arrears from Years Ago?

Yes. If a party owes child support arrears from, for example, 7 years ago, the other party can still collect on those arrears. California law supports the collection of past-due child support even after significant time has passed. According to Family Code § 4503, even if a child has aged out of the court’s jurisdiction to award child support (typically 18 years old), arrears remain due and owing. The code specifically states, “If a parent has been ordered to make payments for the support of a minor child, an action to recover an arrearage in those payments may be maintained at any time within the period otherwise specified for the enforcement of such a judgment, even though the child has attained the age of 18 years.”

This provision ensures that the custodial parent can pursue unpaid support without time restrictions, protecting the child’s right to financial support.

Can Child Support Arrears Be Waived?

No. Child support arrears in California cannot be waived or forgiven unless they are paid in full. Arrears are considered a legal debt that persists until fully satisfied. Family Code § 291 reinforces this by stating, “A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied.”

This means that even if both parties agree to waive or reduce the arrears, the court typically does not allow such modifications because child support is intended to benefit the child, not the parents. The obligation remains until the debt is cleared.

Legal Precedent: The Case of Sabine and Toshio M.

A notable case, In re Marriage of Sabine and Toshio M. (2007) 153 Cal.App.4th 1203 illustrates how California courts handle child support arrears. In this case, the court found that arrears were owed on an order from 10 years prior that Toshio had not paid. The original order, dated 1995, required Toshio to pay Sabine $1,750 per month in child support, $1,000 per month in spousal support, and medical insurance-related expenses for their child. At the time, an arrears balance of $40,418 was already established.

Toshio moved to Japan and made no payments. In 2002, he offered Sabine $100,000 to settle the arrears, which was only a portion of the total owed. By 2005, the court determined that Toshio owed $264,692 in child support arrears, $94,441 in spousal support, and $14,066 for medical expenses related to their child.

The court ruled that “in general, arrearages, support payments that are past due, cannot be forgiven.” Toshio’s partial payment was recognized as just that, a partial payment, and did not absolve him of the remaining debt. The court emphasized that support orders are enforceable until paid in full, and parties cannot modify arrears even if they mutually agree.

Additional Considerations for Child Support Arrears

Interest and Penalties on Arrears

Unpaid child support arrears in California accrue interest at a rate of 10% per annum (California Code of Civil Procedure § 685.010). This interest compounds annually, significantly increasing the total debt over time. Additionally, if payments are overdue by more than 30 days, penalties ranging from 6% to 72% of the overdue amount may apply (California Family Code § 4722). These penalties are designed to encourage timely payments and ensure financial accountability.

For example, if a parent owes $10,000 in arrears, the annual interest alone would add $1,000 to the debt, and penalties could further escalate the total. Understanding these financial consequences is crucial for both custodial and non-custodial parents.

How Are Arrears Calculated?

Child support arrears are calculated based on the original court-ordered amount, plus any accrued interest and applicable penalties. Courts typically review payment records to determine the unpaid balance. The custodial parent or the California Department of Child Support Services (DCSS) may request a formal accounting to confirm the exact amount owed. This process ensures transparency and accuracy in enforcing the debt.

Enforcement Methods for Collecting Arrears

The DCSS and courts have several tools to collect child support arrears, including:

• Wage Garnishment: Deducting payments directly from the paying parent’s income.
• Bank Levies: Seizing funds from the paying parent’s bank accounts.
• Tax Refund Interception: Redirecting federal or state tax refunds to cover arrears.
• License Suspension: Suspending driver’s licenses, professional licenses, or passports for non-payment.
• Liens on Property: Placing liens on real estate or personal property to secure the debt.

These enforcement methods, outlined by the DCSS, ensure that custodial parents have multiple avenues to recover owed support. Consulting with a family law attorney can help navigate these options effectively.

Challenges for Non-Custodial Parents

If a non-custodial parent cannot afford to pay arrears, they may face significant challenges. While courts do not typically forgive arrears, parents can request modifications to current child support orders if their financial circumstances have changed (e.g., job loss or disability). However, modifications do not affect existing arrears. Non-custodial parents should contact the DCSS or a family law attorney to explore options like payment plans or temporary relief.

Frequently Asked Questions (FAQs)

How Can I Collect Child Support Arrears in California?

To collect arrears, contact the California Department of Child Support Services (DCSS) or a family law attorney. The DCSS can assist with enforcement methods like wage garnishment or bank levies. You may need to provide documentation of the court order and payment history to initiate collection.

What Happens If the Paying Parent Moves Out of State?

If the paying parent moves out of state, child support arrears remain enforceable under the Uniform Interstate Family Support Act. The DCSS can coordinate with other states to collect payments, using methods like wage garnishment or tax refund interception.

Can Child Support Arrears Be Forgiven If the Child Is an Adult?

No, arrears cannot be forgiven even if the child is over 18, as per Family Code § 4503. The debt remains enforceable until paid in full, including any interest or penalties.

What if the Paying Parent Cannot Afford to Pay Arrears?

If a parent cannot pay arrears, they should contact the DCSS or an attorney to explore options like payment plans. While arrears cannot be waived, current support orders may be modified based on financial hardship.

How Is Interest Calculated on Child Support Arrears?

Interest on arrears is calculated at 10% per annum, compounded annually. For example, $10,000 in arrears would accrue $1,000 in interest per year. The DCSS or a court can provide a detailed breakdown of the total debt.

Can Arrears Be Settled for Less Than the Full Amount?

No, courts generally do not allow parties to settle arrears for less than the full amount, as seen in the Sabine and Toshio M. case. Partial payments reduce the debt but do not eliminate the obligation.

Navigating child support arrears can be complex, whether you’re seeking to collect unpaid support or facing challenges as a paying parent. At Reape Rickett, our experienced family law attorneys are here to guide you through the process, from understanding your rights to pursuing enforcement or exploring payment options. Contact us today to schedule a consultation and ensure your family’s financial needs are protected.

Conclusion

Child support arrears in California are a serious legal obligation with no statute of limitations, meaning they can be collected at any time until fully paid. Backed by laws like Family Code § 4503 and § 291, and reinforced by cases like In re Marriage of Sabine and Toshio M., arrears cannot be waived or forgiven unless satisfied. With additional considerations like interest, penalties, and enforcement methods, both custodial and non-custodial parents need clear guidance. By working with professionals like those at Reape Rickett, you can navigate this complex issue with confidence.