Arrears

Mission Valley, Mission Hills, Hillcrest, & North Park Child Support Attorney

Within the context of Family Law, the term arrears technically means that a person is behind on the payment of a debt or obligation, such as child support. The payor of the support is thus “in arrears” or “owes arrears” the moment they have missed a court-ordered child support or spousal support payment. Such a past-due payment of child support is referred to as “child support arrears” and past-due payment of of spousal support is referred to as “spousal support arrears.”

Under California law, both parents have an ongoing duty to financially support their children until the children reach the age of majority. Thus, when one parent fails to provide such support, the collecting parent  has the right to seek the missed payment plus interest accumulated on behalf of the minor child or children, plus sanctions and penalties.  Child support and spousal support past-due obligations never go away unless the party entitled to receive the support payment waives the right to collect and even then, there are limitations that must be considered such as the fact that there must be a bona fide dispute regarding the existence of arrears.  Child and spousal support arrears cannot be discharged in bankruptcy.

As a mechanism to collect on support arrears, a party may request that the other party’s wages or salary be garnished, whereby the paying party’s employer will directly pay the other party.

Collecting child support from a non-paying parent can be a difficult task. The attorneys at Wilkinson & Finkbeiner, LLP can assist you in such a matter and help you achieve the financial support that is lawfully owed to you and your children. Please call our office at (619) 284-4113 to schedule your free consultation with our experienced child support attorneys.