I have a child support case in Sacramento County and I was wondering how child support arrearages are calculated?

Asked about 1 year ago - Sacramento, CA

If the case was filed in Feb 2009 and at the time I lived in another county. I moved here to Sacramento in Oct 2010. DCSS didn't try to serve me until April 2011. They sub-served me at the custodial parents house which I never lived. Because I knew nothing of the child support case the default judgment occurred in Aug 2011. How I found out was in 2011 on my credit report which stated it was opened in March 2009 and was over 10,000.00. From the court file that I finally received a copy of in 2013 there was an original amount of $3.00 per month until they filed an amended complaint in June 2011 that now stated $300.00. So they levied my bank acct for over $12,000.00. My question is when does the child support order start ? After the filing or after the judgment?

Attorney answers (3)

  1. Jason Robert Sherlock

    Contributor Level 7

    1

    Lawyer agrees

    Answered . The order will be effective on the date it was signed by the judge. In addition, the court could have made the order retroactive the the date of filing. This would account for the significant arrears and the interest running. At this juncture, if the judgment was in fact entered by way of default, you may want to consider filing a motion to set aside the default judgment based on lack of due process (notice). It would be wise to consult with a local Child Support attorney if you decide to go down that road.

  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . As soon as it is ordered to start per the judge.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  3. JaPaula C Kemp

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If could begin to run as soon as the judge enters an order for child support. Therefore, if the Petitioner asked for temporary/interim orders, then the child support started as soon as that order was entered. It also depends on whether the judge made the support payments retroactive. You need get a copy of any final order and any temporary/interim order. The order will tell you when it started and if it was retroactive (if California allows for retroactive. I am not licensed in CA. But you should start there. You can also request a copy of the payment history from DCSS.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more

Related Topics

Child support arrears

Child support arrears refers to support payments that are past due. There are several available options for collecting (or repaying) unpaid child support.

Child support enforcement

Child support enforcement is generally handled by the state. Enforcement methods can include withholding income, tax refund offsets, and license suspension.

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