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I would like to go back to court as payments will stop next month as our son turns 18, and there is still approximately $10000 owed. What do I need to file and how do I request that the arrears payments increase to what his current payment is now...
You are in Luck. Child support orders would qualify as a judgment for purposes of enforcement so your financial situation is irrelevant. The obligor's financial situation may or may not be relevant depending how you choose to enforce your order. While you have many options, I will name a few you have not considered as well as payments. One, you could obtain a writ of execution and levy on the obligor's bank account taking whatever was contained therein at the time. Two, you could file a lien on the obligor's home and wait until it is sold all the while collecting interest at 10%. Three, you could file a motion to ask for an arrears payment. While your income would be irrelevant since you are only asking for the arrears owed to you, I suggest you double check the San Diego local rules just to make sure there is no filing requirement as a technicality. Those rules would be available on the web at the San Diego Superior Court's Website.See question