How long do you have to pay back child support
Collecting Back Child Support After the Child Turns 18
By Christopher Coble, Esq. on September 15, 2016 11:14 AM
Just because your ex missed a child support payment doesn't mean the obligation goes away. Like any financial obligation, the amount you're owed will accumulate and your ex will still be responsible for making back child support payments. But for how long? Child support generally runs until a child turns 18, but if your ex missed payments during that time, can you still collect back child support after that?
Here's what you need to know.
Emancipation and Arrears
Those who are late making child support payments are said to be "in arrears." As noted above, this debt does not go away, even after the child turns 18. So even though the child has reached the age a majority, the payments that should have been made before he or she turned 18 are still enforceable after that.
Keep in mind that state laws can vary a little on this issue. For example, some states cut off child support at 18, some at 19, and others at 21. (And some dismiss child support obligations if the child has been "emancipated.") Also, some states and courts may modify child support obligations after the child turns 18, since the custodial parent no longer needs to support the child. Even with these differences, however, the rule is that child support payments must continue until the arrears balance is paid in full, regardless of the child's age.
Enforcement Actions
States and the federal government are pretty serious when it comes to enforcing child support orders. Enforcement officials can withhold or revoke driver's licenses or passports, garnish wages, seize tax refunds, place liens on property, or even sentence a delinquent parent to jail time. These enforcement measures can continue after the child turns 18, and most states do not allow child support obligations to be discharged in bankruptcy.
One thing to keep in mind is that some states may have statutes of limitation on collection of back child support, so may only have a limited time to collect after your child turns 18 or you may have to go back to court and renew the child support order.
Child support collection can be complicated, both legally and emotionally. If you have questions regarding child support obligations or are having trouble collecting back child support, you should contact an experienced family law attorney in your area.
Related Resources:
- Need help with child support? Get a free review of your case now. (Consumer Injury - Family)
- Child Support Enforcement Options (FindLaw's Learn About the Law)
- How Long Can I Collect Past-Due Child Support? (FindLaw's Law and Daily Life)
- Dad Pays Back Child Support, Gets 6 Mos. in Jail (FindLaw's Law and Daily Life)
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How A Child Support Case Works
Either parent can open a child support case, as can a child’s legal guardian.
Having an order from a judge for child support to be paid does not automatically open a child support case.
To open a case in California, fill out the online application or visit your local child support agency – agency locations can be found here.
After an application is submitted, the applicant will be contacted by their local office to assist with the process of obtaining a child support order with the court.
There are many benefits to opening a child support case:
- If you do not yet have an order, we provide assistance to both parents through all steps of the process.
- In certain situations, we can help you avoid court completely.
- Once you have an order, we keep official records, protecting both the payer and the recipient.
- We can assist recipients with enforcement of the order.
- We can help payers avoid or resolve negative enforcement actions if you are unable to pay.
See our instructional video below, “How To Open A Child Support Case” for more details on this process.
More Important Information
For information about changes in family status please see: FamiliesChange.ca.gov
Before a child support order can be made, both parents of the child need to be located. There is no guarantee they will be found, but the more information we have, such as the parent’s date of birth and Social Security Number, the easier it will be.
Watch our “Locating a Parent” Quick Tip video below for more detailed information about this step.
After the case is opened, the parent being asked to pay child support will be given a Summons and Complaint packet.
This is legal notification that you have been named in a child support case.
You only have 30 days to respond, or a “default” child support order may be ordered by the judge without your financial situation being considered.
See our instructional video below, “I Received a Summons and Complaint – What Do I Do?” for more information about this very important package of documents.
If you have been served with a Summons and Complaint, and you do not believe you are legally responsible for the child or children you are being asked to pay child support for, you have the right to request proof and we will assist you free of charge. This is either DNA testing to determine parentage (which is more than 99% accurate), or proof that the parents were legally married at the time of the child’s birth.
If you do not request proof, you can still be assigned legal parentage without your consent.
If you would like to avoid going to court, some local agencies offer “Family Meetings” that allow both individuals to meet with a child support caseworker, either together or separately. If both parents can agree on an amount, their signed document becomes the “Stipulated Agreement,” which is filed with the court.
This option may not be offered in all child support offices.
For more on the benefits of this, see our “Family Meetings” instructional video below.
If there is no Stipulated Agreement, a court date will be set. The judge will review the financial and other relevant information from both parties and decide on an appropriate amount of child support to be ordered.
If either parent can get medical insurance, the court will consider that cost in deciding the amount of child support ordered.
Below, our instructional video “How Does the Court Determine a Child Support Amount” includes more information on this decision, which becomes the official child support order.
After a child support order is set, payments are scheduled to begin. There are many options for payment but if the parent ordered to pay is employed, their employer will be required to make those payments by withholding the funds from their paycheck. This is mandated under Federal law for child support orders and does not imply a failure to pay.
All payments are recorded and this can provide security for the parent paying support in case there is any disagreement.
A child support order is a legal court order. Parents who refuse to pay or delay paying their child support face enforcement actions that can include:
- Suspension of their driver’s license or passport
- Revocation of professional and occupational licenses
- Bank and property liens
- Interception of tax refunds
- Interception of lottery winnings
Also, by California state law, unpaid court orders get charged 10% interest.
As a last resort, civil contempt charges may also be filed. If you have trouble paying your child support, talk to your local agency right away. There are programs available to help parents who are trying in good faith to pay their support.
For more on the consequences of unpaid child support, see our instructional video, “My Driver’s License has been suspended due to child support. How can I get a release?”
If either parent or guardian has a change in circumstances after a child support order is set, which could be losing a job, changing jobs, or a change in custody or visitation, the order may qualify for modification.
Your local agency or the Family Law Facilitator at your county courthouse can assist with this.
There are many reasons why a child support case can be closed. The usual one is that the youngest child reaches the age of 18, is no longer a full-time high school student, and no past-due balances are owed. At that time both parents are notified by the child support agency, and the case stays open for 60 days after this notification.
All records are maintained for at least four years and four months in accordance with federal law.
For more information about the Child Support Process, visit and follow our YouTube channel:
For more information on changing family status please see: FamiliesChange.
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Who is obliged to pay alimony?
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Alimony obligations
Who is required to pay child support?
1. Parents
In accordance with Article 80 of the Family Code of the Russian Federation, parents are required to support their minor children. nine0003
Parents must pay child support
- minor children;
- children left without their care;
- Disabled adult children who need help.
Parents have the right to conclude an agreement on the maintenance of their minor children ( agreement on the payment of alimony ), which must be notarized. The agreement establishes the amount of alimony at the discretion of the parties, but it cannot be less than the amount that can be recovered in court. nine0003
In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from parents in court.
In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other parental income. nine0044
In accordance with article 83 of the Family Code of the Russian Federation p in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obliged to pay alimony has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the recovery of alimony in a share of earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.
The amount of a fixed amount of money based on is determined by the court from the maximum possible preservation of the child's previous level of his security, taking into account the financial and marital status of the parties and other noteworthy circumstances.
Article 84 of the Family Code of the Russian Federation fixes that alimony for children left without parental care are collected only through the court . The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the guardian or custodian of the child, his adoptive parents or transferred to the account of the organization in which the child is (educational, medical organizations, social service organizations, etc.).
In accordance with article 85 of the Family Code of the Russian Federation, alimony in favor of disabled adult children who need assistance can be obtained on the basis of a notarized child support agreement.
In the absence of an agreement, alimony can be collected through the court. In this case, their amount in a fixed amount of money is established by the court based on the financial and marital status of the parties, as well as other circumstances. When recovering alimony for such children, the amount of alimony determined within the established limits to earnings and (or) other income is not applied. nine0003
2. Able-bodied adult children
In accordance with Article 87 of the Family Code of the Russian Federation, able-bodied adult children are required to support their disabled parents who need help. An exception is made by parents deprived of parental rights, to whom children are not obliged to pay alimony.
Alimony can be paid either on the basis of a notarized agreement between parents and children, or on the basis of a court decision. The court sets the amount of alimony in a fixed amount of money , payable monthly, taking into account all the circumstances of the case, including taking into account the financial and marital status of parents and children.
3. Spouses, including former spouses
This issue is regulated by chapter 14 of the Family Code of the Russian Federation.
Spouses or ex-spouses may enter into an agreement on the payment of alimony, which must be certified by a notary. In this case, the amount of alimony is determined in the agreement at the discretion of the parties. nine0003
If such support is refused and there is no agreement between the spouses on the payment of alimony, the right to demand the provision of alimony in court from the other spouse who has the necessary means for this, have:
- disabled needy spouse;
- wife during pregnancy and within three years from the date of birth of a common child;
- a needy spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I. nine0003
In accordance with Article 90 of the Family Code of the Russian Federation, the right to demand the provision of alimony in court from a former spouse who has the necessary funds for this has:
- ex-wife during pregnancy and within three years from the date of birth of a common child;
- a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I; nine0003
- a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage;
- a needy ex-spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.
In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony collected on the spouse (former spouse) in a judicial proceeding is determined by the court based on the financial and marital status of spouses (former spouses) and other noteworthy interests of the parties in a fixed amount of money payable monthly.
4. Other family members who may be required to pay child support
- able-bodied adult brothers and sisters
In accordance with Article 93 of the Family Code of the Russian Federation, able-bodied adult brothers and sisters may be payers of alimony to the following persons: nine0003
- minor brothers and sisters, provided that they do not have the opportunity to receive maintenance from their parents;
- disabled adult brothers and sisters, provided that they are unable to receive maintenance from their able-bodied adult children, spouses (former spouses) or parents.
- grandparents
In accordance with Article 94 of the Family Code of the Russian Federation, the following have the right to receive alimony in court: nine0003
- minor grandchildren in need of assistance in case of impossibility to receive maintenance from their parents;
- adult disabled grandchildren in need of assistance, if they cannot receive maintenance from their spouses (former spouses) or from their parents.
- tons able-bodied adult grandchildren
In accordance with Article 95 of the Family Code of the Russian Federation, able-bodied adult grandchildren may be payers of alimony disabled grandparents in need of assistance , provided that the latter are unable to receive maintenance from their adult able-bodied children or spouses.
- t able-bodied adult pupils
In accordance with Article 96 of the Family Code of the Russian Federation, able-bodied adult pupils (except for those who were under guardianship or guardianship, as well as being raised in foster families) may be payers of alimony to disabled persons who carried out the actual upbringing and maintenance of pupils until they reach 18 years of age with provided that they do not have the opportunity to receive maintenance from their adult able-bodied children or from spouses (former spouses).
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Who is obliged to pay maintenance and how much? - Lawyer in Samara and Moscow - representation in court and legal services
Alimony must be paid by the following persons: parents; able-bodied adult children; spouses, including former ones; other family members (under certain conditions).
1. Parents
Parents are required to support their minor children (clause 1, article 80 of the RF IC).
At the same time, even if a parent is disabled, limited in parental rights due to health reasons, the law does not provide for any exceptions regarding the fulfillment of this obligation for him (Question 18 of the Information of the Ministry of Justice of Russia dated 07/20/2015). nine0003
Parents must pay maintenance:
- for minor children;
- to children left without their care;
- disabled adult children who need help.
Alimony in favor of minor children can be paid on the basis of an agreement certified by a notary.
In this case, the amount of alimony is determined at the discretion of the parties, but it cannot be less than the amount that can be recovered by the court.
If an agreement on the payment of alimony for minor children has not been concluded, they can be collected in court. The amount of alimony to be paid monthly will be determined by the court. As a general rule, the amount of alimony is: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. However, taking into account the financial, marital status of the parties and other circumstances, such as disability, disability, the child's entrepreneurial activity, the court may increase or decrease the size of these shares. nine0003
In certain cases, when the collection of alimony as a percentage of earnings is impossible, the court may establish alimony in a fixed amount (Articles 80, 81, 83, 99, 100 of the RF IC).
The amount of alimony is established by the court, taking into account the alimony collected from the debtor on the basis of a court decision (court order) for other minor children (clause 1 of Section III of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015).
Alimony for children left without parental care is collected only through the court. The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the guardian or guardian of the child, his adoptive parents, or transferred to the account of the organization in which the child is located (educational institution, medical organization, social service organization, etc.) (Article 84 of the RF IC). nine0003
Child support for disabled adult children who need assistance can be obtained on the basis of a notarized child support agreement. In it, the parties at their discretion determine their size. If there is no agreement, then alimony can be collected through the court. In this case, their size in a fixed amount of money is established by the court based on the financial and marital status of the parties, as well as other circumstances. When collecting alimony for such children, the amount of alimony determined within the established limits to earnings and (or) other income is not applied (Article 85 of the RF IC).
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Please note!
To resolve a legal dispute, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. In the case of representing your interests in court, a notarized power of attorney for a representative may be required (Articles 185, 185.1 of the Civil Code of the Russian Federation; Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation).
2. Able-bodied adult children
They are obliged to support their disabled parents who need help. The exception is parents who are deprived of parental rights. They don't need to pay child support. nine0003
In addition, if the parents shied away from their duties, then when the parents apply to the court with a claim for the recovery of alimony, adult children have the right to ask the court to refuse to award alimony.
There is no minimum amount of maintenance for disabled parents.
If maintenance is paid on the basis of an agreement between a parent and a child, certified by a notary, then their amount is set in the agreement. In this case, the parties to the agreement determine the amount of alimony independently. nine0003
If an agreement on the payment of alimony has not been concluded, then alimony can be collected from the child through the courts. He will establish the amount of alimony in a fixed amount of money, which will have to be paid monthly, taking into account all the circumstances of the case, including taking into account the financial and marital status of parents and children (Article 87 of the RF IC).
3. Spouses, including former spouses
Spouses or former spouses may enter into an agreement on the payment of alimony, which must be certified by a notary. In this case, the amount of alimony is determined in the agreement at the discretion of the parties. nine0003
If such an agreement has not been concluded, then the following persons are entitled to demand from the spouse or former spouse the payment of alimony in court (clause 2 of article 89, clause 1 of article 90 of the RF IC):
- wife or ex-wife during the period pregnancy and within three years from the date of birth of a common child;
- a needy spouse or ex-spouse who takes care of a common disabled child until he reaches 18 years of age or for a common child - a disabled child of group I;
- an incapacitated needy spouse; nine0003
- a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of its dissolution;
- a needy ex-spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.
To pay child support, a spouse or former spouse must have the means to do so.
There is no minimum amount of alimony paid by a spouse or former spouse. nine0003
The court determines their amount in a fixed amount of money based on the financial and marital status of the spouses (former spouses) and other interests of the parties that deserve attention.
It should be noted that spouses are or were persons whose marriage was registered in the registry office (clause 2, article 10 of the RF IC).
4. Other family members who may be obligated to pay alimony, and the conditions for such payment (Articles 93-98 of the RF IC)
4.1. Able-bodied adult brothers and sisters may be payers of alimony to the following persons:
- to minor brothers and sisters, provided that they are unable to receive maintenance from their parents;
- disabled adult brothers and sisters, provided that they are unable to receive maintenance from their able-bodied adult children, spouses (former spouses) or parents.
4.2. Grandparents may be payers of alimony to the following persons:
- minor grandchildren, provided that they are unable to receive maintenance from their parents; nine0003
- disabled adult grandchildren, provided that they are unable to receive maintenance from their spouses (former spouses) or from their parents.
The consideration of these requirements is carried out in the order of action proceedings, since the plaintiff must prove that the child does not have the opportunity to receive maintenance from the parents, he needs material assistance, and the specified category of relatives has the necessary means for this (paragraph 4 of Section V of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015). nine0191
4.3. Able-bodied adult grandchildren may be payers of alimony to the following persons:
disabled grandparents in need of assistance, provided that they are unable to receive maintenance from their adult able-bodied children or from spouses (former spouses).
4.4. Able-bodied adult pupils (except those who were under guardianship or guardianship, as well as being raised in foster families) may be payers of alimony to the following persons:
disabled persons who carried out the actual upbringing and maintenance of pupils until they reach the age of 18, provided that they are not able to receive maintenance from their adult able-bodied children or from spouses (former spouses).
4.5. Able-bodied adult stepsons and stepdaughters may be payers of alimony to the following persons:
disabled stepfather and stepmother, provided that they are unable to receive maintenance from their adult able-bodied children or spouses (former spouses). nine0003
These citizens can pay alimony on the basis of an agreement on the payment of alimony, certified by a notary. In this case, the amount of alimony is determined at the discretion of the parties and is prescribed in the agreement.
If there is no such agreement, you must go to court to collect child support.
To pay child support, all of the payers listed above must have the means to do so.
There is no minimum amount of alimony paid by the family members listed above. nine0003
The amount of alimony is determined by the court, taking into account the financial and marital status of the alimony payer and recipient, as well as other circumstances. Alimony is set in a fixed amount of money and paid monthly.
Please note!
Alimony received is not subject to personal income tax (clause 5, article 217 of the Tax Code of the Russian Federation).
In addition, if a parent pays child support, he has the right to receive a tax deduction for personal income tax for children (subclause 4, clause 1, article 218 of the Tax Code of the Russian Federation).
Remember, at any stage of a family dispute, the Legal Center for Family Affairs of Attorney Anatoly Antonov is ready to provide you with legal support. Call us by phone in Samara + 7 (846) 212-99-71 right now and sign up for a consultation at a convenient time for you.
