Child Support – FAQ

How is child support calculated in San Diego?

Child support in California is determined using a statewide guideline formula. Courts use specialized software that considers:

• Each parent’s gross income
  
• Percentage of parenting time
  
• Tax filing status
  
• Health insurance costs
  
• Mandatory retirement contributions
  
• Childcare expenses

The formula creates a presumed correct support amount, although deviations may apply in certain situations. A San Diego child support attorney can review your income and custody arrangement to estimate support accurately.

How do I find out if I am owed child support arrears?

Child support arrears are the unpaid amounts that have accumulated when court-ordered support was not paid in full or on time.

To determine whether you are owed arrears:

• Review your court’s original child support order.
  
• Compare the ordered monthly amount to what was actually paid.
  
• Check payment records from:
  
  • The San Diego Department of Child Support Services (if support is enforced through the county)
    
  • Bank statements or payment histories
    
  • Wage garnishment records

If payments were missed or partially paid, the unpaid balance becomes arrears. In California, child support arrears do not expire and remain enforceable until fully paid.

An attorney can request an accounting and help calculate the total amount owed, including interest.

Does interest accrue on unpaid child support?

Yes.

In California, unpaid child support automatically accrues interest at 10% per year on the outstanding balance. Interest begins accumulating from the date each payment was due.

This interest is mandatory under California law and cannot be waived by the court except under very limited circumstances.

Over time, interest can significantly increase the total amount owed, especially if support has gone unpaid for several years.

What enforcement tools are available if the other parent refuses to pay?

You may pursue enforcement through:

• Wage assignment orders
  
• Contempt proceedings
  
• Bank levies
  
• Seizure of tax refunds
  
• Interception of lottery winnings
  
• Suspension of driver’s or professional licenses
  
• Liens against property

If the San Diego Department of Child Support Services is involved, they may initiate enforcement on your behalf. However, private enforcement through a family law attorney may move more aggressively in certain cases.

Can unpaid support affect the other parent’s credit?

Yes.

Unpaid support obligations may:

• Be reported to credit bureaus
  
• Result in judgments
  
• Impact loan approvals
  
• Prevent passport issuance in serious arrears cases

California takes support enforcement very seriously, and the financial consequences can be significant.

Can child support arrears ever be erased or discharged?

Generally, no.

In California:

• Child support arrears cannot be retroactively reduced.
  
• Bankruptcy does not eliminate child support debt.
  
• The court cannot forgive principal child support owed.

Spousal support arrears also typically survive bankruptcy if they are categorized as domestic support obligations.

Make Sure Support Is Accurate and Enforceable

Child support should reflect true income and timeshare. If payments are overdue or need to be modified, take action before the issue grows.

Schedule a Consultation to review your situation and explore your options.