Legal Question in Family Law in California

Child Support Lien

The non custodial parent has arrears of over 20,000 dollars and has a lien on their property that is up for sale. And now has asked for a modifiation of support and is in the process of selling the 2nd property. Now has a lawyer for this too I was threatened with. Can the modification interfere with the arrears being paid due to the open child support case if the property is sold? The arrears have been there for years and are owed to me only. I never was on welfare. Just wondering if there is a secret to get out of paying off arrears with an open case again and an attorney. Confused?


Asked on 6/16/09, 12:24 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Child Support Lien

A modification of child support effects only the current amount of child support from the date the request for modification was filed. The arrears remain due. There are very strict rules against retroactive modification of child support arrears as well as the arrears being non-dischargeable in bankruptcy.

At best I would think the other parent can get out of a small amount of the arrears. It is the other parent will likely will end up feeling confused and tricked.

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Answered on 6/16/09, 9:54 am


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