Can arrears be modified in CA?

[loadmaster]

What is the name of your state (only U.S. law)? CA

Hello, Can arrrears be modified in CA? Who gets the interest on the arrears the children or the state? Thank You.

 

[Drake01]

Yes and no, the state can do whatever they want with arrearages. However, if they do forgive them they run afoul of the Bradley amendment and would risk loosing matching federal dollars on child support collections.

 

[loadmaster]

Yes and no, the state can do whatever they want with arrearages. However, if they do forgive them they run afoul of the Bradley amendment and would risk loosing matching federal dollars on child support collections.

great thank you.

 

[CourtClerk]

Yes and no, the state can do whatever they want with arrearages. However, if they do forgive them they run afoul of the Bradley amendment and would risk loosing matching federal dollars on child support collections.

Unfortunately, that response is not entirely accurate..... especially based on the OP's circumstances.

 

[TinkerBelleLuvr]

Hey CC - if the parent who is owed the child support was NEVER on assistance from the state (talking TANF) here, they have the right to waive or reduce the arrearages, right?

 

[loadmaster]

Unfortunately, that response is not entirely accurate..... especially based on the OP's circumstances.

What do you mean by not entirely accurate, is there a more accurate answer?

 

[Isis1]

Hey CC - if the parent who is owed the child support was NEVER on assistance from the state (talking TANF) here, they have the right to waive or reduce the arrearages, right?

yes, i know i'm not CC, but yes, the owed parent can waive the child support in that instance.

 

[CourtClerk]

What do you mean by not entirely accurate, is there a more accurate answer?

Yes, there is, however, I was addressing Drake. You already said you don't require my assistance.

 

[TinkerBelleLuvr]

I wondered if California did anything like my state, since I waived arrearages twice. Still didn't help the man cuz he's ran it up again. Have to say though that the man has managed to keep the same job now for almost two years. His payments are helping to lower that arrearage this time.

 

[loadmaster]

Yes, there is, however, I was addressing Drake. You already said you don't require my assistance.

I did? It had to of been a misunderstanding or I mispoke/wrote. If I did I apologize. I am just here asking for assistance, so if it came across that I didnt want yours, thats not what I was trying to get across. Now you got me being selfconscious so i went back through my posts and could not find where I didnt need your assistance. Between this and making the mistake of hijacking some1 elses thread, I am not coming across well at all.

 

[loadmaster]

Yes, there is, however, I was addressing Drake. You already said you don't require my assistance.

Can you please tell me where I said I dont require your assistance? I was hoping to get some help and would not suggest such a thing.

 

[Drake01]

Unfortunately, that response is not entirely accurate..... especially based on the OP's circumstances.

Actually it rather is. Can arrearages be modified? Yes, they can. There is absolutely nothing that bars any family court judge from forgiving arrears, even if owed to the state for welfare repayments. CA is one of the states that currently has a compromise of arrearages program if the money is owed for welfare repayment. Even if it's not owed to the state a judge's authority to retroactively forgive child support is not lessened. However, if they do that they'd put themselves in a position of possibly getting no more money from the feds, and so they don't.

 

[CourtClerk]

Actually it rather is. Can arrearages be modified? Yes, they can. There is absolutely nothing that bars any family court judge from forgiving arrears, even if owed to the state for welfare repayments. CA is one of the states that currently has a compromise of arrearages program if the money is owed for welfare repayment. Even if it's not owed to the state a judge's authority to retroactively forgive child support is not lessened. However, if they do that they'd put themselves in a position of possibly getting no more money from the feds, and so they don't.

Uhhh... forgiveness of the arrearages and doing a motion for modification of arrearages are two completely different things...

Seeing as if I was a COAP officer, I think I know more about that program than you would believe, however, even with COAP, you aren't modifying the arrears. Perhaps you have your terminology wrong, perhaps you just don't really understand....

 

[loadmaster]

Uhhh... forgiveness of the arrearages and doing a motion for modification of arrearages are two completely different things...

Seeing as if I was a COAP officer, I think I know more about that program than you would believe, however, even with COAP, you aren't modifying the arrears. Perhaps you have your terminology wrong, perhaps you just don't really understand....

I know I dont understand. If they are 2 diffent things, which way do I go forgiveness or modification? I understand I messed up by paying the other parent directly and am not even trying to be credited for that, I just want to show the documentation I have stating I have made nowear near what they said I was making and get it adjusted accordingly.