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27/11/2025 4:15 pm
In the world of family law, there is no debt more serious than "arrears." Child support arrears are simply the amount of "past-due" child support that a parent has failed to pay. This is not like a normal credit card debt. It is a legal judgment that has massive consequences, and it is almost impossible to get rid of. Whether you are the parent owed arrears or the parent who owes them, you need to understand how this system works. This is a high-stakes financial situation that requires an experienced child support attorney in Orange County. At JOS FAMILY LAW, we help clients navigate this stressful and complex issue.
The most important thing to know about arrears is that they never go away. You cannot "declare bankruptcy" on child support debt. It is a "super debt." Even after your child turns 18, the arrears you owe (or are owed) remain.
The second most important thing is the 10% interest. In California, child support arrears automatically accrue 10% simple interest per year. This is a massive, legally mandated interest rate that can cause the debt to balloon over time. A $50,000 debt can easily become a $100,000 debt if left unpaid for years.
If You Are Owed Arrears: You have a legal right to collect 100% of the money you are owed, plus the 10% interest. Your attorney can file an RFO with the court to get a "determination of arrears," which is a final judgment for the exact amount. Once you have this, your lawyer has powerful enforcement tools, including wage garnishments, bank levies, and property liens. If the other parent has the ability to pay and is simply refusing, your attorney can also file a "contempt" action, which can result in fines or even jail time.
If You Owe Arrears: This is a very serious situation, and you must take action. Do not ignore it. The problem will only get worse. First, if your financial situation has changed (e.g., you lost your job), you must immediately file a "Request for Order" (RFO) to modify your ongoing support. This will not erase the arrears you already owe, but it will stop the debt from growing larger every month. Second, you need an attorney to help you deal with the debt. You cannot just "negotiate" with your ex. You may need to negotiate a payment plan with the Department of Child Support Services (DCSS).
In some very specific and rare cases, it is possible to "compromise" the debt. This is often only possible if the debt is owed to the state, not to the other parent (e.g., if your child was on public assistance).
In other cases, an attorney may find a legal defense. The most common is "equitable estoppel." For example, if you and your ex agreed in writing years ago that you would pay for college instead of child support, and you did, a judge might agree to "estop" (stop) your ex from now collecting that support. This is a very difficult and fact-specific argument to win.
Whether you are owed money or you are in debt, arrears are a complex legal issue. The 10% interest clock is ticking.
To get a clear accounting of your arrears and to understand your legal options, contact the professionals at JOS FAMILY LAW.