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Does California charge interest on back child support?

By Emily Wilson |

Under California law, interest is added onto back child support at the rate of 10% per year. At this very high rate, it can become difficult and even impossible to reduce back child support. The parent who owes back child support should try to obtain a lower interest loan and repay the replacement loan at a lower rate.

How do I stop my child support interest in California?

If you qualify, you will be able to offer a compromise repayment to the state. In other words, you may offer to reduce the debt by paying an amount that is less than the full amount you owe. Any reduction in your arrears and interest owed will be based on your income and assets.

Does interest accrue on arrears?

The answer to both of these questions is the same: interest is paid in arrears. Simply put, the payment you make on the first of each month pays the interest for the month just ended and the principal for the month ahead.

Can child support arrears be forgiven in California?

If you owe child support arrears to the government because your child received public assistance (“welfare” or foster care), you may qualify for one of California’s arrears reduction programs.

Is there a statute of limitations on child support in California?

In California, there is a statute of limitations (meaning a time limit) on bringing a motion for contempt related to non-payment of support. You have three years from the date a payment was due (but not paid) to file a contempt action against a delinquent parent.

How are arrears payments calculated?

Calculate the amount from the end of the previous month up to the appropriate arrears date. Subtract the amount that you have already paid until the arrears effective date. The remaining amount gives you the arrears component.

Is there a statute of limitations on child support arrears in California?

California has no statute of limitations on past due child support payments; child support is enforceable until paid in full. The “Compromise of Arrears Program” or COAP (pronounced “cope”) is a program for eligible parents with past-due child support payments to reduce the amount they owe to the government.

What happens to child support arrears when child turns 18 in California?

Under California law, you pay child support until the child turns 18, or 19 if the child is unmarried and still attending high school full time. If past-due support (called arrears) is still owed, the local child support agency may continue to enforce collection until the balance including interest is paid in full.

How are California common interest development laws enforced?

How are the CC&Rs enforced? California laws allow that either the association or an owner in a common interest development may file a lawsuit asking the court to enforce the CC&Rs.

What is the Common Interest Act in California?

CIDs are subject to the Davis-Stirling Common Interest Development Act (California Civil Code sections 4000 et seq.). This Act is intended to provide homeowners with a system of self-government and dispute resolution.

What is the interest rate on a support arrearage?

A support arrearage reduced to a final written money judgment accrues interest at the rate of 10% per annum and accrues interest only on the principal and not on interest.

How is interest on child support arrears determined?

The interest is generally determined in the same way as other civil judgments. States may look at interest on child support arrears as both an incentive to encourage timely payments as well as a penalty for those who do not make payments. Thirty-five states, Guam and Puerto Rico authorize interest charges for child support arrears.