Child Support Arrears – Which Property is Subject to Satisfaction of Child Support?

All property and interests owned by parent may be liable for satisfaction of child support obligations, subject to certain exceptions. In addition, child support must be paid before almost all other debt obligations. (See CFC 4053(a): “A parent’s first and principal obligation is to support his or her minor children. . . .”; CFC 4011.) Usually, obligations are paid by a wage assignment order by the court, where a certain amount of your paycheck is automatically deducted and applied to child support.

A third party’s property cannot be liable for another person’s child support obligations, except in certain cases, if the parent owing child support remarries, the new spouse’s property may be liable for satisfaction of child support. The child support obligation is treated as a debt prior to marriage, and generally, creditors may access community property to pay debts prior to marriage. However, the second spouse may have a right of reimbursement for community property used to pay the child support arrears.

If you or someone you know faces child support arrearage, you will need a skilled Southern California child support attorney to help you navigate these difficult legal waters. At Wallin & Klarich, we have helped people with child support arrearage for over 30 years. Call us today at (888) 749-7428. We will be there when you call.