Effective date of payment
Payments are credited on the legal date of collection set by federal and state regulation.
- Payments by paying parent are credited on the date the payment is received.
- Wage assignment payments are credited on the date of withholding.
- Tax intercepts are credited on the date assigned by the IRS or FTB.
- Unemployment withholding is credited on the date the benefit is issued.
- Writs are credited on the date received by the child support agency.
- Interstate payment credits depend on the source in the other state.
Payments made directly to custodial parent
All payments must be made thru the SDU. Payments by the paying parent made directly to the custodial parent may not be credited as support and could result in additional enforcement actions being taken against the paying parent for failure to comply with the court order.
Custodial parents who receive payments directly are required to send the payments to the SDU to ensure proper credit and disbursement.
Non-money payments
Non-money payments such as payment of the custodial parent's rent, car payment or bills, or purchasing formula, diapers, clothing, etc. for the children will usually not be credited as a payment of court-ordered child support. It is not uncommon for courts to deny any credit for payments made that do not comply with the court's order.
Interest
California law accrues interest on unpaid child support judgments at the rate of:
- 10% simple interest per year on amounts after January 1, 1983
- 7% simple interest per year on amounts before January 1, 1983
The purpose of interest is to adjust the past-due debt to current values and to encourage timely payment. The accrued interest actually becomes part of the judgment.
Termination of a support obligation
In California, the child support obligation runs until the child reaches age 18, or if still enrolled in high school, until graduation or age 19, whichever comes first. If the child is incapacitated from supporting him/herself or if there is an agreement for support after the legal age, support may be ordered to continue into adulthood.
In interstate cases, support may run beyond the age of majority in California - often up to age 21 - depending on where the child support order was entered and the circumstances of the case.
Types of arrears
Effective October 1, 1998, as part of welfare reform enacted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), changes occurred in the distribution of both welfare and non-welfare support payments.
The following is an explanation of Arrearage Account Types effective 10/01/98:
Permanently Assigned |
Arrears accrued while on CalWorks (child support money is owed to Welfare) |
Active |
Welfare (AFDC) current and arrears |
Temporarily Assigned |
Arrears accrued prior to going on CalWORKs are temporarily assigned while on CalWORKs (child support money is owed to Welfare) |
Only while Active |
Nonwelfare arrears assigned temporarily to welfare (AFDC) |
Conditionally Assigned |
Arrears accrued prior to going on CalWORKs are conditionally assigned after going off CalWORKs if all aid hasn't been recouped (child support money is owed to custodial parent) |
Discontinued |
Nonwelfare arrears assigned to welfare (AFDC), up to total aid paid to the family |
Unassigned Arrears |
Arrears that were assigned become unassigned after off CalWORKs and the total aid paid has been recouped (child support money is owed to custodial parent) |
Discontinued |
Welfare (AFDC) arrears that convert to N/W arrears because TAP has been reimbursed to the county |
Never Assigned |
Arrears accrued after family off CalWORKs -- or if family never received CalWORKs (child support money is owed to custodial parent) |
Discontinued or never received aid |
Nonwelfare arrears |
NOTE: At the time of conversion in October 1998, all existing CalWORKs (Temporary Assistance to Needy Families) arrears became Permanently Assigned arrears owed to the county (welfare), up to the amount of total aid paid (TAP) in public assistance to support the family. Any amounts over the TAP became Never Assigned arrears and are owed to the family.