San Diego Child Support Debt Attorneys

Child Support Debt

The term “arrears” refers to child support debt or past due child support payments. These arrears are created when the court orders a parent to pay child support and those payments are either not made or are only partially made. Section 685.020 (b) of the California Code of Civil Procedure requires the parent who owes this money to pay an interest of 10 percent on arrears.

Whether your arrears or debt can be reduced or negotiated depends on who you owe the money to. Arrears owed to DCSS usually are not negotiable because the money is usually used to pay back the county for support they provided to the other parent. But if you owe money directly to the parent, the arrears can be reduced if the parties can reach a mutual agreement.

The government has started employing many creative ways to collect these arrears. For example, the parent’s debt may show up in their credit report and of course, affect it very negatively. Another step the federal government is taking is to refuse giving out passports to parents who owe these child support arrears.

In addition, the state can suspend your drivers license, can collect from SSI monies, can collect from your Disability monies, Tax Refunds, and other monies you may receive.

Whether you owe money to the custodial parent of your child or you are a custodial parent trying to get the other parent to pay up, the experienced Southern California Divorce Attorneys at Wallin & Klarich can help.

If you are not sure that you are the parent of the child you have been asked to pay child support for, then we can help set up a paternity test to find out or to prove that you may not be or are not the parent of this child. If paternity tests already exist and you are still not convinced, we could help you challenge the validity of those tests. We can also help negotiate a fair settlement so that you are not drowning in debt and your child and the custodial parent receive some financial support that is within your means.

If you or someone you know owes child support debt or arrears or is owed this money, please contact a skilled Orange County family law attorney at Wallin & Klarich to schedule your free appointment. Child support debt can become a serious problem that destroys your credit and ruins your job prospects or even the ability to purchase a car or a house. Don’t let child support debt ruin your future and your peace of mind. Call us today to discuss your case.

At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Child Support Arrears – What Are the Consequences of Arrearage?

Failure to pay child support can result in severe consequences. The following are some of the consequences of child support arrearage:

• Under Penal Code section 270, willful failure to provide necessary care to a child is a misdemeanor.

• The parent who owes child support may be held in contempt of court and fined or jailed.

• Interest for child support arrearage accumulates at 10% per annum, which can result in a significant amount.

• Driver’s license or other state professional licenses (such as those required to be a practicing lawyer, doctor, teacher, truck driver, or nurse) can be suspended.

• The federal government can refuse to renew your passport.

• Child support arrearage can negatively impact credit score.

• The government can collect past-due child support by intercepting or deducting tax refunds, social security, unemployment, state disability insurance, worker’s compensation awards, and lottery winnings to pay arrears.

• The government may seize funds from individual bank accounts.

• The government can order a lien against any property owed in the county.

• Failure to pay arrears 30 days after they are due may subject you to a penalty assessment of 6% to 72% of the arrearage amount.

Even if you reach an agreement with the court to modify or terminate future support obligations, the court has no power to modify or terminate past-due support obligations. The court also has no power to modify or terminate interest from past-due support obligations. This is why you need to talk to a Southern California family law attorney

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.

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.

Child Support Arrears – How Long Will I Be Liable to Pay Child Support?

You are generally liable for child support until your child reaches 18 years old, if your child is deemed a legal adult, or if the court terminates your parental rights (i.e., if your child is adopted). However, even after you do not have a legal responsibility to support your child, you are still liable for any past-due child support amount. Thus, for example, you cannot avoid paying child support until your child is 18 years old and expect that you no longer owe past-due child support.

Certain circumstances do not eliminate your liability for child support. For example, by federal law, child support obligations cannot be discharged by filing bankruptcy. In addition, even if the parent owing child support dies, the supported parent or the county may file a claim against the dead parent’s estate to satisfy the remaining child support amount.

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.

Child Support – Arrears FAQs

1. I have a significant amount of child support arrears. What should I do?

The first thing you should do is contact a Southern California child support attorney. He or she will help you file legal documents requesting that the amount of future child support be changed. You must file these documents because you cannot change the amount of arrearage already due, not even through bankruptcy. The best thing you can do is to reduce or eliminate the amount of child support owed in the future.

2. Because of child support arrears, my driver’s license has been suspended, but I need my license to get to work to be able to pay my child support obligation. What should I do?

Contact your Local Child Support Agency and try to negotiate the suspension of your license. If that doesn’t work, you can file a Notice of Motion for Judicial Review of License Denial with the court. A Southern California child support lawyer can greatly assist this process, so contact one to determine what other steps you can take and what documents you will need to present.

3. If the Department of Child Support Services freezes my bank account because of child support arrears, I won’t be able to pay my bills. What should I do?

First, contact an attorney. An attorney will help you so that $3500 of all accounts at a particular financial institution will be protected from seizure to satisfy the child support obligations. Also, there may be certain circumstances where you can file a Claim of Exemption up to the total of the amount of bank funds levied.

4. The wage assignment court order means that over 50% of my paycheck goes to child support. Is there any way to lower this amount?

There may be. Call your Local Child Support Agency and talk to them about reducing your monthly wage assignment. Otherwise, contact an attorney and he or she can help you file the proper forms with the court requesting a reduction of the monthly wage assignment.

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.