Get the Facts about Child Support Arrears and What to Do if You Are Behind
Posted on: May 26, 2020
To be in child support arrears means that you have an outstanding debt that you owe for child support. If you are in this position and do not know what to do, now is the time to take action. A family law attorney can help you find the right answer which could include coming up with a payment plan, modifying your child support requirements, and more. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.
The Two Types of Child Support Arrears
There are two types of arrears – those that are assigned and those that are not. Assigned arrears refers to when the custodial parent is on government assistance. In this case, you are likely to have to pay the support payments directly to the state and it would be the state that is pursuing you for compensation.
The other type is unassigned. This means that you, the non-custodial parent, owe money to the custodial parent directly. It is true that the other parent has a legal right to this money and that every payment you missed is added up. That amount is called “back child support” and interest accrues at a 10% interest rate. If it takes more than 30 days to pay back child support, you could face a penalty of as much as 72% of what is owed.
What to Do if You Cannot Pay Child Support
The California Child Support Services, which is the agency that enforces child custody support agreements, has an office in each county. If you are not able to pay the money but want to be in compliance, you try to work out an agreement with the custodial parent to come up with an adjusted payment plan. They have the right to waive any back amount that is owed to them.
If that is not an option then you have the right to petition the court to modify the order. If you are to demonstrate with evidence that you cannot pay the amount you are being required to pay, then the court may adjust your order. These are most successful if there have been changes in custody, if you have had a significant change in your income, if you have been deployed by the military, or if you have been incarcerated.
Potential Consequences for Not Paying Child Support
If you choose not to pay child support the government could withhold your wages, minimize your ability to get state disability benefits, garnish unemployment payments, suspend your driver’s license, not allow you to get a passport, put a lien on any property you own, and even charge you with a misdemeanor crime.
It is important to contact an attorney if you cannot afford to pay. At Law Office of Michael L. Fell we can help you consider your case and determine the best way forward. Call us now at (949) 585-9055 to get started.
