[CA] How can I get my son’s father to pay the arrears on child support?
You already did the hard part—there’s a support order and arrears are established. In California, arrears don’t go away; interest accrues at 10% annually until paid (CCP § 685.010). It sounds like the judge set a $264/month arrears payment plan. The $122,000 balance still exists; it wasn’t erased. If he has income, DCSS can enforce more aggressively if you ask. Tools include wage garnishment, bank levies, tax refund intercepts, property liens, license suspension, and, in willful cases, contempt. You can also file to raise the arrears payment (an RFO). Keep an accounting of principal + interest.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
How can I get my son’s father to pay the arrears on child support?
I understand dealing with unpaid child support can be frustrating. Have you already established a child support order?
Yes.
Are there specific reasons that led to the arrears?
He was on drugs and didn’t pay for 9 years.
Is there anything else the family lawyer should know before I connect you?
Yes.
Hello, I’m Queeneth, an attorney with 8+ years of experience. Which state does this pertain to?
California. We were in court yesterday and the judge took away $154 and ordered $264/month on an outstanding balance of $122,000. He makes $8,000/month and pays $212 to another support order for the woman he’s living with.
You already did the hard part—there’s a support order and arrears are established. In California, arrears don’t go away; interest accrues at 10% annually until paid (CCP § 685.010). It sounds like the judge set a $264/month arrears payment plan. The $122,000 balance still exists; it wasn’t erased. If he has income, DCSS can enforce more aggressively if you ask. Tools include wage garnishment, bank levies, tax refund intercepts, property liens, license suspension, and, in willful cases, contempt. You can also file to raise the arrears payment (an RFO). Keep an accounting of principal + interest.
He started paying in November last year. Our son turns 18 in August 2026. I want to receive more toward arrears. He has no assets. I’ve never received any tax refund intercepts.
With $122,000 owed and only $264/month, it could take decades—plus 10% interest keeps adding up. Current support ends around your son’s 18th birthday (or until high-school graduation, up to 19). Arrears survive past 18. It’s smart to push now for a higher arrears payment while he’s earning $8,000/month.
So go back to DCSS and push for a higher amount?
Yes—ask DCSS to escalate enforcement or file a Request for Order (RFO) yourself to increase the arrears payment based on his income.
DCSS says they track tax returns, but I’ve never received anything.
That happens if he adjusts withholding or has no refunds. DCSS enforces what the court ordered—$264/month—unless there’s a new order. Ask DCSS about bank levies, license suspension, and other measures, and consider filing an RFO to raise the monthly arrears amount. The 10% simple interest strengthens your argument for a higher payment.
Should I get a lawyer for this or keep trying with DCSS? What’s an RFO?
You don’t need a lawyer to keep DCSS involved, but a lawyer can help if you file an RFO. An RFO (Request for Order) is how you ask the family court to change something—here, to increase the arrears payment. You’ll get a hearing date, serve the other side (and DCSS if they’re involved), and present income evidence.
Thank you. That’s it—have a good night.
