Support Arrears
Support Arrears in California
Unpaid child or spousal support obligations do not expire in California. Each unpaid or underpaid installment accrues 10% simple interest from the date it was due. We provide experienced help seeking full payment plus interest.
Schedule a Free ConsultationYour Right to Receive Past Due Support Payments Doesn’t Expire in California
California support orders do not expire under Family Code Section 4502. Each unpaid installment accrues 10% simple interest from the date it was due. This amount accrues until the installment is paid. The court has the jurisdiction, or power, to determine arrears and set payment terms on unpaid support, and there are a number of collection tools, including income garnishment, income tax return intercepts, bank levies, property liens and license suspensions.
Collection Tools
There are a number of collection tools that can be used to collect support arrears.
Income Withholding
An income withholding order, served on the obligor’s employer under Family Code section 5230, takes the support directly out of wages. The workhorse and the first stop if the obligor is employed.
Bank Levy
A writ of execution served on the obligor’s bank account, freezing and capturing funds up to the judgment amount.
Real-Property Lien
An abstract of judgment recorded against real property the obligor owns or later acquires in the county of recording. Sits until the property sells or refinances; the title company has to pay it off.
License Actions Through DCSS
For child support, the local Department of Child Support Services can hold or suspend the obligor’s driver license, professional licenses, and passport. Administrative, run by DCSS not the court.
Contempt
Available in narrow circumstances where the obligor had the ability to pay and willfully did not. A quasi-criminal proceeding with specific procedural requirements; the wrong tool for most arrears collections and the right tool for a few.
Income Tax Intercepts Through DCSS
In some cases, the Department of Child Support Services can intercept an income tax return the IRS or Franchise Tax Board issues to the noncomplying party.
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Dan Sweeney
20+ Year California Family Law Attorney | Extensive Experience Handling Complex Cases
Former Manager of the San Diego County Superior Court Family Law Facilitator’s Office
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Support Arrears: Frequently Asked Questions
How do I prove what was paid and what was not?+
Often, a requesting party will simply make a sworn statement of what was and wasn’t paid. These statements should be truthful and supported by bank statements or other methods.
Can I collect support arrears for a time period before the effective date of our support order?+
No. Arrears require an underlying support order. If there was no order, the path is to establish support going forward and, in some circumstances, request retroactive support to the date of filing. Pre-filing periods generally cannot be recovered as arrears.
What if my ex says we agreed to a lower amount?+
An informal agreement does not modify a court order. The order keeps running, interest keeps accruing, and arrears keep building. There are limited circumstances where the court will give partial credit for an informal modification the parties followed, but it is the exception, not the rule.
Can the other side’s bankruptcy wipe out support arrears?+
No. Domestic support obligations are non-dischargeable in bankruptcy under 11 U.S.C. section 523(a)(5). A Chapter 13 plan can affect the collection timeline, but the obligation survives.
How long does it take to get a writ of execution?+
Once arrears are formally determined and a money judgment exists, a writ of execution can typically be obtained within days. The bank levy itself is then served on the bank and held for a short period before funds are captured.
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