Legal Question in Family Law in California
No Arears - Now Arears
There was a modification made in my case, in which there were no arears mandated. Since the judgment was entered Child Support Services has tacked on almost triple the amount in arears. What can be done?
1 Answer from Attorneys
Re: No Arears - Now Arears
If child support is modified it changes the amount you pay from then on. The support that had been ordered before is unchanged. If you didn't pay it it is still owed. The judge at the hearing for modification doesn't need to say anything about the arrears. If you dispute the amount that child support says you owe in arrears you may ask for a hearing to let the judge determine the correct amount. You should attach all of your documentation to support your calculation. If you think the judge already made a determination but it got left out of the order you can look in the file for the minutes of the hearing (minute order) or even request a transcript. Send that to child support and ask them to correct their records.