Legal Question in Family Law in California
Is it OK to wait until children are both 18 to collect arrears?
I am remarried and am living comfortably. Because of my current situation, I have stopped fighting with my ex-husband when he does not pay the full amount of child support, since it is the children that seem to get hurt. Because of this, the arrears has grown to a few thousand dollars and I expect that when my children reach 18 yrs old, they'll be a large amoount that he will owe me. My question is:Will I have a problem collecting the arrears if I wait 5-7 yrs? I am keeping records on the amounts, but want to make sure there are no legal loopholes that he always seems to find! I WAS going to have Child Support Services deal with the arrears, but after going through the paperwork, it looks like I'd have to submit financial information, including income from my husband,which I do not want to do.
3 Answers from Attorneys
Re: Is it OK to wait until children are both 18 to collect arrears?
Contrary to what was stated in one of the replies the children have no right or interest in the unpaid child support arrears. Further the child support will continue to accumulate at the current rate until the order is changed by a court order.
Re: Is it OK to wait until children are both 18 to collect arrears?
Under CA decisional law, your new spouse�s income should only be considered in extraordinary circumstances in determining whether to reduce dad's support payments. A step-parent generally has no legal obligation to support a step-child.
Further, your ex will not owe you when your children are 18+, he will owe your children, and the onus will be on them to collect. That is an unenviable position for your children to be in.
Reply: Is it OK to wait until children are both 18 to collect arrears?
It is a good idea to keep records of the amounts paid and the dates received. Statutory interest accrues at the rate of 10% per annum, simple interest.
Based upon the information you have provided, there is no problem in waiting until the children attain the age of 18 before collecting the unpaid balance.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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