Judgment for Child Support arrears

[ARSsupervisor]

CALIFORNIA / Riverside County.

An ex-spouse owes close to $20,000.00 in arrears. Per Child Support Services, they can only collect arrears by way of garnishing his wages and requesting that the Judge order a small amount above the regular support to be collected as arrears. In my case that comes out to $50.00 per month. This means this would take almost 16 years to collect. Can I request that a family court judge issue an award to me for the $20,000.00 that I can then take and have converted to a civil matter so I can go after his other assests myself? If not, how else can I collect the amount owed to me without having to wait 16 years?What is the name of your state (only U.S. law)?

 

[Gracie3787]

CALIFORNIA / Riverside County.

An ex-spouse owes close to $20,000.00 in arrears. Per Child Support Services, they can only collect arrears by way of garnishing his wages and requesting that the Judge order a small amount above the regular support to be collected as arrears. In my case that comes out to $50.00 per month. This means this would take almost 16 years to collect. Can I request that a family court judge issue an award to me for the $20,000.00 that I can then take and have converted to a civil matter so I can go after his other assests myself? If not, how else can I collect the amount owed to me without having to wait 16 years?What is the name of your state (only U.S. law)?

CS arrears are not dischargable in a bankruptcy, unless the arrears are reduced to a civil judgement then they can be discharged in bankruptcy.

So, a civil judgement would be a very bad thing.

Have you asked about ex's tax refunds being intercepted?
Liens and levys are another way to collect. Ask about that.

Also, when the child(ren) age out of CS, they can still garnish the full amount, it will all be credited to the arrears at that time.

 

[CourtClerk]

Even if you could, why would you want the arrears reduced to a civil judgment that is only good for 10 years, then renewable for another 10? CS debt is there for LIFE.

BTW... Letting CSSD collect isn't your only option. You can hire a collections attorney, or learn to do it yourself.

 

[TigerD]

Don't forget the interest.

That is a nice savings account you have.

DC

 

[nextwife]

Don't forget the interest.

That is a nice savings account you have.

DC

Sorry, as someone who works in collection, I would NEVER refer to a DEBT as a "savings account". Heck, I wouldn't even refer to my own money, if held in securities as a "savings account" due to principal volatility. The only thing that is a savings account is money held in an instrument, in one's own name, in which the principal is guarantied.

Owed funds are always uncertain. That is why creditors will often agree to accept a lump sum of "money in the hand" to settle a debt, at a discounted value. The debtor could always remain uncollectable (no assets that can be attached, no garnishable income), could become disabled, terminally or chronically ill, and could die insolvent.

While unpaid CS is OWED forever, we do posters a disservice by implying it is collectable forever.