Can I get rid of my past, overdue child support debt?

It depends, but probably not entirely.

IMPORTANT: The process for changing or lowering your PAST, OVERDUE child support debt (“arrears”) is different than the process for changing your CURRENT child support payment amount. This question will explain how to change your past, overdue child support debt. To learn about changing your current child support payments, see PG. 782.

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This question will explain how to change your past, overdue child support debt.

First, figure out whether you owe overdue child support payments to the other parent (or caregiver) or to the state.

To find out, you can contact the LCSA and ask for a breakdown (detailed list) of your arrears. This will show how much you owe to the other parent and/or to the state. The chart below can also help you figure out whom you owe child support to—but it’s always best to get a breakdown from the LCSA to be sure!

Once you know whom you owe money to, use the following chart to figure out your next steps:

CHANGING OR LOWERING YOUR PAST, OVERDUE CHILD SUPPORT DEBT (ARREARS)

TO WHOM DO YOU OWE CHILD SUPPORT MONEY?

I OWE CHILD SUPPORT TO THE STATE (CALIFORNIA)

I OWE CHILD SUPPORT TO THE OTHER PARENT (OR CAREGIVER)

How do I know whom I owe?

If the other parent (or caregiver) is receiving public benefits for your child, or if CPS has taken your child, you owe child support to the State of California.[2578]

If your child support order was part of a divorce or family law case, you will probably owe child support directly to the other parent.

What should I do?

Apply for the Compromise of Arrears Program (COAP) (see PG. 722 for more information).[2579] If you qualify, the COAP program will reduce (but not completely eliminate) the amount of child support debt that you owe to the State, so you will not have to pay as much.[2580]

Try to work out an agreement (called a “settlement”) with the other parent (or caregiver). You may be able to work out an agreement to forgive some or all of the overdue child support, in exchange for your paying off the remaining amount right away.

For example, you could offer to make—and the other parent (or caregiver) could agree to accept—a single lump sum payment all at once, rather than making many smaller payments over time and having the debt drag out.

Important Information to Know:

If you miss any of your current child support or COAP payments, your COAP agreement will be cancelled AND you will owe all the debt that was previously reduced. You may not receive a refund for any of the COAP payments that you’ve already made, and you will be unable to reapply to the COAP program for 2 years.[2581]

If you reach an agreement with the other parent, you should make sure to put it in writing for the LCSA and the judge.[2582]

  1. 2578

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:22 PM).

  2. 2579

    Cal. Fam. Code § 17560.

  3. 2580

    This is child support debt you owe if your child received public assistance (welfare) or was in foster care at the time payments were due. The COAP program will NOT reduce child support debt you owe to the other parent. Cal. Fam. Code § 17560(d).

  4. 2581

    Cal. Dep’t of Child Support Svcs., Compromise of Arrears Program (COAP) ( Nov. 13, 2014), http://www.childsup.ca.gov/payments/compromiseofarrearsprogram.aspx.

  5. 2582

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 16, 2015.