Derivative Benefits and Child Support
Divorced parents who receive social security or disability benefits may have questions about how this source of income affects their child support orders. Beginning in 2014, an appellate court ruling in California ruled that the derivative benefits a child receives through social security do not make up part of the parents’ incomes for purposes of child support. In other words, if you’ve retired or become disabled and your child receives…Read More
Can the IRS Take My Tax Refund for Child Support?
California family courts take non-payment of child support very seriously. The state’s child support agencies follow the federal guidelines for enforcement including the Treasury Offset Program (TOP). This program offsets the tax returns of American taxpayers who owe debts to government agencies, including child support. In 2022, TOP recovered over $5.2 billion in unpaid debt, including child support. If you are under a court order to pay child support, it’s…Read More
How to Get a Child Support Order Modified Because of a Disability
California courts expect both parents to share in the expenses associated with raising their children, despite their marital status. All decisions made by the family court put the well-being of children at the top of the priority list. Child support orders require the higher-paying parent or the non-custodial parent to pay a specific support amount to the lower-paying parent or the parent with primary custody. Failure to stay up to…Read More
Will Unpaid Child Support Appear on My Credit Report?
After a divorce or in cases of unmarried parents, the California Family Court expects both parents to contribute to the expenses involved in raising children, including housing, food, and medical care. When the California court issues an order for child support to the higher-earning or non-custodial parent, it continues to monitor the support account through the California Department of Child Support Services. All child support orders are also automatically reported…Read More
Property Liens for Unpaid Child Support
California family court makes the well-being of children a top priority in all of its decisions, including child support orders for non-custodial parents. Both parents must provide for their children and a divorce doesn’t change that. The non-custodial parent must contribute toward the costs of housing, food, clothing, medical care, and other expenses involved in raising children. When the paying parent falls into arrears on their child support payments, the…Read More
Jail Time for Unpaid Child Support
Like most states, California family courts prioritize the best interests of children when spouses seek a divorce. This includes child support orders, typically paid by the higher-earning parent to the lower-earner with the intention of providing for the children in the manner they’re accustomed to with the least amount of disruption to their lives. The amount of child support may be negotiated and agreed to by both parents before the…Read More
What are Arrears?
Child support attorneys often refer to past due or back child support as arrears. California DCSS defines arrearages as “The unpaid child support payments for past periods owed by a parent who is obligated to pay by court order. The arrears or arrearage or arrearages include interest and are adjusted for the amount of any partial satisfaction of the judgment.” When a parent misses a court-ordered child support payment, they…Read More
When Does Child Support Begin After a Divorce?
Child support is a monthly payment that one parent provides the other parent to aid in the cost of rearing a child. When parents legally separate or divorce, a parent’s child support obligation begins on the date ordered by the court. This date relies heavily on the parents’ ability to cooperate, exchange information, and facilitate the process, as well as the necessity for judicial involvement. The Divorce Filing and Request…Read More