What is California Family Code Section 17560: Child Support Arrears?
The California Family Code is the set of laws that govern family relations, including marriage, divorce, and legal separations. Here’s what you need to know about California Family Code Section 17560: Child Support Arrears.
California Family Code Section 17560 covers the state’s compromise of arrears program, which allows parents to reduce the debt they’ve accrued due to past child support, or arrears, owed to the state.
What are Child Support Arrears?
A child support arrearage occurs when all of, or a portion of, a child support order is left unpaid. The money owed is known as the arrears owed. Child support arrears owed to the government are accumulated through public assistance programs, such as foster care.
Related: Back Child Support Laws in California
What is the California Compromise of Arrears Program?
The California Compromise of Arrears Program (COAP) is established in California Family Code Section 17560 and is a debt reduction program for parents with past-due child support payments owed to the state. If a parent qualifies for COAP, they may pay a smaller amount to satisfy their debt owed to the state, rather than the full amount owed. This amount is based on the parent’s current income and assets.
How Does California Determine Offers of Compromise?
In making offers of compromise, the state takes the needs of the child and the obligor’s ability to pay into consideration.
If the obligor currently owes child support, the compromise offer requires the obligor to comply with their current child support order for a set period of time before additional arrears and interest can be compromised.
Additionally, offers of compromise will be rescinded for any of the following reasons, unless in finding of good cause or if it is determined to be in the state’s best interest against the rescission:
- The obligor hid any income, assets, or other property from the department or local child agency.
- The obligor intentionally received, kept, destroyed, or falsified any information or documents related to their financial conditions.
- The obligor fails to uphold any of the terms and conditions of the compromise offer.
The obligor should provide all evidence of their income and assets, including things like wage stubs, tax returns, and bank statements, to prove that their compromise offer amount is the most they can pay given their financial circumstances, and that the obligor has not withheld child support payments in advance of receiving their compromise offer. The obligor must also meet any terms and conditions of the compromise, including paying current support in a timely fashion, making lump-sum payments, and paying arrears in exchange for the compromise of any interest that is owed.
FAQs About California Family Code Section 17560: Child Support Arrears
What is the difference between child support arrears and back child support?
Child support arrears are child support payments that were left unpaid after the court entered a child support order. Contrarily, back child support (also known as retroactive child support) are payments that cover past expenses, before the child support order was in place.
Related: How to Collect Back Child Support in California
Where does the Compromise of Arrears Program apply?
COAP applies throughout the state of California, so no matter what county you’re in within the state, you can apply for the program. It is a priority of the state to apply it equally throughout California.
Where is the offer of compromise through COAP filed?
The offer of compromise is filed with the appropriate court. The court will also be notified if the compromise is rescinded for any reason.
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