Support when other party has arrears

[jbowman]

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

Does anyone know how it is handled when custody changes hands and NCP is now CP? Former NCP has an incredible amount of CS owed but has now filed for CS? Is the guideline support ordered deducted by the amount of arrears owed?

For example - Parent 1 owes Parent 2 10K in arrears. Custody changes. Parent 2 will now be ordered to pay support. Will the arrears owed Parent 2 be deducted from the monthly amount ordered?

 

[LdiJ]

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

Does anyone know how it is handled when custody changes hands and NCP is now CP? Former NCP has an incredible amount of CS owed but has now filed for CS? Is the guideline support ordered deducted by the amount of arrears owed?

For example - Parent 1 owes Parent 2 10K in arrears. Custody changes. Parent 2 will now be ordered to pay support. Will the arrears owed Parent 2 be deducted from the monthly amount ordered?

The former CP should certainly ask the judge to order that the child support be deducted from the arrearage until the arrearage is used up. I do not believe that will happen unless the former CP actually asks for it.

 

[jbowman]

The former CP should certainly ask the judge to order that the child support be deducted from the arrearage until the arrearage is used up. I do not believe that will happen unless the former CP actually asks for it.

It will definitely be requested. I just wondered how that works. If $600 is ordered per month, I wouldnt think it would be a zero amount owed until the arrears were satisfied.

 

[LdiJ]

It will definitely be requested. I just wondered how that works. If $600 is ordered per month, I wouldnt think it would be a zero amount owed until the arrears were satisfied.

Ideally yes, that is how it should work.