What is an arrearage in child support?
An arrearage in child support is the lack of payment for financial responsibility for the care of a child (or children). In California, both parents are legally obligated to financially support their children and, when payments are not made, an arrearage is created. This means that the amount of child support due but unpaid accumulates over time, often referred to as a “backlog” or “back-owed” child support. When a parent falls behind on their child support payments, the other parent can petition the court for assistance. The Department of Child Support Services (DCSS) in California can take legal action to enforce a court order for unpaid child support, including wage garnishment, license suspension, and/or withholding of tax refunds. In some cases, DCSS can petition the court to set up a payment plan to help pay off the arrearage and keep up with current payment obligations. When the child support arrearage (or backlog) is paid in full, it is considered “satisfied”. If the parent responsible for paying child support has a history of arrearages, they may be required to establish a security deposit or set up a trust fund account as a guarantee of future payments. The court also has the authority to order the delinquent parent to serve time in jail as a consequence of their delinquent child support payments. Ultimately, parents must take responsibility for the financial support of their children, as required by law in California. If a parent falls behind on their payments, the court may take action to help ensure that their child or children receive the necessary financial support from both parents.
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