What You Need to Know About California’s Back Child Support Laws
Child support can be difficult to attain from the noncustodial parent, especially if he or she refuses to pay. Here’s everything you need to know about back child support laws in California.
While back child support is when a parent refuses to make payments. Retroactive child support is when the custodial parent tries to attain payments before they are court-ordered. A parent may be eligible for back child support if the noncustodial parent refuses to make payments, and may be eligible for retroactive child support if the final court support order was delayed.
What is Back Child Support?
Back Child Support is child support payments that have not been paid. This debt consists of fees and interest charges that a judge may determine.
What Happens If Back Child Support is Not Paid?
Various penalties can occur when a parent refuses to pay back child support. These include:
- Suspension of Licenses
- Denial of Passport
- Wage Garnishment
- Seizure of Tax Refund
- Property Seizure
- Jail Time
- Cross-Border Enforcement
Back Child Support Statute of Limitations
Backpay cannot be collected after the child turns 18 as the court no longer obligates child support. The statute of limitations for back pay is three years.
Related: Statute of Limitations for Back Child Support in California
Retroactive Child Support
Retroactive Child Support is when the custodial parent tries to attain back pay before the court-ordered child support payments. Back child support and retroactive child support are used to acquire late or unpaid child support payments. Penalties may occur if the noncustodial parent refuses to pay.
Calculating Retroactive Child Support
When calculating retroactive child support, the court considers both parents’ income during the time in question, voluntary non-court ordered payments, as well as expected expenses of raising the child.
When Can I Adjust Retroactive Court Order Payments?
Retroactive court order payments can be adjusted due to a valuable promotion, career opportunities, or job termination. The judge can modify or terminate the retroactive court order.
How Can Back Pay Be Collected?
To collect back pay, you must:
- File a petition to a family law court
- Establish a court order
- Fill out these forms: Form FL-300, Form FL-490, Form FL-420, Form FL-421
- Serve the non-custodial parent.
- Appear in court
Related: How to Collect Back Child Support in California
FAQs About Back Child Support Laws in California
Can Child Support Still Be Paid After My Child Turns 18?
Yes, in particular agreements, child support can be paid until the child turns 19 or graduates from high school. An example of an approved extension is if the child is disabled or unable to care for themself.
Does Back Pay Child Support Go Away?
No, back pay child support does not cease when the original support terminates. Additionally, back pay child support is not forgiven when filing for bankruptcy.
Does Back Pay Child Support Go To The Parent or the Child?
The custodial parent collects outstanding fees by filing a claim with the court.
Contact Us
If your or a loved one would like to know more about back child support laws in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Support Attorneys today!