How long to keep child support documents

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. ca.gov

Keep a Record of Maintenance and Child Support Payments

Keep a Record of Maintenance and Child Support Payments | Modern Family Law

Support

In the event that you become responsible for paying child support and/or spousal maintenance, it is essential that you keep a detailed record of each payment made. If ordered to pay child support, it is likely to be for a period of several years. The duration of a spousal support order varies depending on the parties’ situation.

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Why It’s Important to Keep a Record

Often times, a court orders your payments made payable to the Family Support Registry (FSR). The FSR then distributes the payment to the obligor. The FSR keeps track of the date and amount of your payment. However, it is not always clear as to whether your payment was for child support or spousal maintenance. Missing just a few payments can cause you severe frustration several years down the line.

For instance, assume you and your spouse or significant other have a child together. Further, assume that soon after your child is born, your relationship becomes tumultuous, and the two of you decide to separate. Depending on several factors used to calculate child support, it’s likely that one party will be required to pay the other a child support payment each month. You could pay twice per month depending on the amount. To put this into perspective, if you pay child support for 19 years, that is 228 monthly payments or 456 bi-monthly payments.

The sheer number of payments is one reason why it is imperative that both the obligor and obligee keep a record of each payment made, including, but not limited to:

Date of payment,
Copy of the form of payment, such as a check, wire transfer, or money order,
Address if mailed,
Date cashed, if traceable, and
Whether that specific payment was for child support or spousal maintenance.

Keeping track of what the payment was for is essential, due to the high-interest rate imposed for missed child support and spousal maintenance payments. Child support interest is higher, 12% currently, compounded monthly. C.R.S. § 14-14-106 (2008). Interest applied to unpaid spousal maintenance is 8%, compounded annually. C.R.S. § 5-12-101 (2008).

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Consequences of Missed Support Payments

Not only is it important to meet your obligations if you are the obligor, but just imagine the conundrum you may face should the obligee seek to recover any alleged missed payments if you do not have sufficient records to prove the payments were made. Under Colorado law, if any court-ordered installment of child support or maintenance is due and unpaid, it automatically becomes a final money judgment. C.R.S. § 14-10-122(1)(c) 2008. Consequently, the applicable statute of limitations is 20 years from the entry of such a judgment. C.R.S. § 13-52-102(2)(a) (2008). Should you fail to make payments, you may be faced with an action whereby you need to produce payment records from the last two decades.

In California, a parent who is able to pay but chooses not to can be held in contempt of court. This is a serious violation and may result in jail time. A poor credit score and property liens may result from not paying child support.

Similarly, in Texas, an individual who is ordered to pay child support and fails to do so can be jailed for up to six months or fined up to $500 for each instance of nonpayment, and the other parent’s attorney fees and court costs can be assessed.

Due to the various durations of time in which the child support and/or spousal payments may be required, if you have not maintained a record of your payments, it may be difficult to defend yourself. Never rely on your bank or financial institution to safeguard these records for you, as the method of payment used ten years ago may now be obsolete due to constantly changing technology.

Our Attorneys Are

Ready To Listen

Our experienced family law attorneys have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

What’s the Bottom Line?

Regardless of whether you are responsible for paying child support, maintenance, or both, missing just a few payments may cost you more than you bargained for, including the time required to trace your payment history. The needless expense associated with re-creating your payment history is entirely avoidable, so be sure you maintain an accurate, detailed record of each payment made.

Modern Family Law

Modern Family Law’s team of experienced family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

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Posted December 24, 2014
Updated for 2022‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ by: MFL Team

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90,000 how many years are alimony claims kept? Application was filed in 1987

How long are maintenance claims kept? The application was filed in 1987, a decision was made, alimony was paid for a year and then the debtor stopped paying. Can this case be restored?

March 20, 2014, 08:29 , Lydia,

Lyubov Davlyatchina

Lawyer, Saint-Petersburg

Expert

Period of storage of cases in court until adulthood. Can you specify in more detail where the writ of execution was - was it presented for execution or not, when did you stop paying alimony?

March 20, 2014, 11:38

Convention on the Recovery of Alimony Abroad - Conventions and Agreements - Declarations, Conventions, Agreements and Other Legal Materials

Adopted on June 20, 1956

Preamble

Considering the urgent need to resolve the humanitarian problem arising from the situation of those needy people whose fate depends on receiving alimony from persons abroad,

Considering that litigation or collection abroad for maintenance claims involves serious legal and factual difficulties, and

desiring to provide means to resolve such problems and to overcome such difficulties,

Contracting Parties have agreed as follows :

Article 1

Purpose of the Convention

the right to receive from another person, hereinafter referred to as the defendant, who is under the jurisdiction of any other Contracting Party. This goal is carried out by bodies, which are referred to below as transfer and intermediate instances.

2. The remedies provided for in this Convention are in addition to, but do not replace, all other remedies available under domestic or international law.

Article 2

Designation of appropriate authorities

1. Each Contracting Party, at the time of deposit of its instrument of ratification or accession, shall designate one or more administrative or judicial institutions to exercise the functions of transferring authorities in its territory.

2. Each Contracting Party shall, at the time of the deposit of its instrument of ratification or accession, designate a public or private institution to act in its territory as an intermediate authority.

3. Each Contracting Party shall notify without delay the Secretary General of the United Nations of the instructions given for the application of paragraphs 1 and 2 and of all changes relating thereto.

4. The said transfer authorities and intermediate authorities may enter into relations directly with the transfer authorities and intermediate authorities of other Contracting Parties.

Article 3

Submitting a request to the referral authority

defendant”, then the plaintiff may file a request with a transfer authority in the state of the plaintiff for the recovery of maintenance from the defendant.

2. Each Contracting Party shall inform the Secretary General of what evidence is generally required under the law of the State of Intermediate to substantiate maintenance claims, in what order such evidence must be presented, and what other requirements must be met by that law.

3. The request must be accompanied by all relevant documents, including, where appropriate, a power of attorney authorizing the intermediate authority to act on the claimant's behalf or appoint some other person to act on the claimant's behalf. It must further be accompanied by a photograph of the complainant and, if possible, a photograph of the defendant.

4. The transfer authority shall take all possible measures to ensure that the requirements of the law of the state of the intermediate instance are observed. In addition to what is required by the provisions of this law, the request must contain the following information:

a ) name and surname, address, date of birth, citizenship and occupation of the claimant, as well as, if necessary, the surname and address of his legal representative;

b ) the name and surname of the respondent and, insofar as they are known to the plaintiff, his successive addresses during the last five years, his date of birth, his citizenship and his occupation;

c ) a detailed statement of the grounds and subject matter of the request and all other relevant information regarding, in particular, the means and marital status of the plaintiff and defendant.

Article 4

Transfer of documents

1. The transfer authority shall transfer all documents to the intermediate authority of the respondent State, unless satisfied that the request is in bad faith.

2. Before forwarding the documents, the transfer authority shall make sure that these documents are presented in the proper form according to the law of the plaintiff's state.

3. The tribunal may advise the intermediate tribunal of its opinion on the merit of the request and recommend that the plaintiff be granted free legal aid and exemption from costs.

Article 5

Transmission of decisions and other judgments

or from the Contracting Parties, and, if necessary and possible, the minutes of the case in which such a decision was made.

2. The decisions and judgments referred to in the preceding paragraph may be transmitted in lieu of or in addition to the documents referred to in article 3.

3. The proceedings provided for in Article 6 may consist, in accordance with the law of the State of the respondent, in proceedings for the issuance of an exequatur or registration proceedings or a new action based on an order transmitted under paragraph 1.

Article 6

Functions of the Intermediate Court

1. Acting within the authority given by the plaintiff, the intermediate court shall take all appropriate steps on behalf of the plaintiff to collect maintenance, including making a settlement and, if necessary, bringing a claim for maintenance and conducting the relevant court case and bringing to justice enforcement of any decision, ruling or other judicial order.

2. The intermediate authority keeps the relaying authority informed. If she cannot perform her functions, she informs the transfer authority of the reasons and returns the documents.

3. Notwithstanding anything in this Convention, the law by which all questions arising in connection with any such claim or case shall be settled shall be the law of the State of the respondent, and in particular the private international law of that State.

Article 7

Separate requirements

Where the laws of both Contracting Parties concerned permit separate requirements, the following provisions shall apply:

a ) the judicial institution in whose proceedings a maintenance claim is pending may, in order to obtain written or other evidence, apply with a separate request or to the competent judicial institution of the other Contracting Party or to any other authority or institution specified by the other Contracting Party, in the territory which this requirement must be met;

b ) in order for the parties to appear or be represented, the authority receiving the demand is obliged to notify the appropriate transferring authority and intermediate authority, as well as the defendant, of the time and place when and where the requested proceedings are to take place;

c ) individual requirements must be met as quickly as possible; if a separate demand is not fulfilled within four months after the receipt of this demand by the body to which it is addressed, the body that sent such a demand must be informed of the reasons for non-fulfillment or delay;

d ) the fulfillment of a particular requirement shall not give rise to the reimbursement of any fees or expenses;

e ) only
may refuse a particular request

1) if the authenticity of such a claim is not established;

2) if the Contracting Party in whose territory the performance is to take place finds that its nature is detrimental to its sovereignty or its security.

Article 8

Amendment of judgments

The provisions of this Convention also apply to requests for amendment of judgments in maintenance cases.

Article 9

Exemptions and exemptions

1. Plaintiffs in proceedings under this Convention shall enjoy the same treatment and the same exemption from costs and fees as are residents or nationals of the State where the proceedings are pending.

2. Plaintiffs shall not be required, by reason of their status as aliens or non-residents, to present any liability or make any payments or deposits to secure expenses or for any other purpose.

3. Neither transferring nor intermediate authorities shall require any remuneration for services rendered by them under the provisions of this Convention.

Article 10

Money transfers

Contracting Parties whose laws establish restrictions on money transfers abroad shall give highest priority to money orders intended for the payment of alimony or expenses in any legal matter under this Convention.

Article 11

Federal State Clause

The following provisions apply to federal or non-unitary states:

a ) under those Articles of this Convention, the enforcement of which depends on the promulgation of laws by the legislature of the federation, the duties of the government of the federation within these limits are the same as those of the Parties that are not federal states;

- ) with regard to those articles of this Convention, the application of which is subject to the promulgation of laws by each constituent state, province or canton, which, by virtue of the constitution of the federation, is not obliged to promulgate these laws, the federal government shall, as soon as possible, bring these articles with their favorable opinion to the attention of the competent authorities of these states, provinces or cantons;

c ) a federal State party to this Convention shall transmit, at the request of any other Contracting Party, transmitted to it through the Secretary General, a communication on the laws and customs in force in the federation and its constituent parts and relating to any provision of the Convention, indicating, in to what extent this ordinance has been carried into effect by the issuance of laws or other measures.

Article 12

Territorial application

The provisions of this Convention shall apply and apply equally to all non-self-governing, trust and other territories for whose international relations a Contracting Party is responsible, unless the latter, at the time of ratifying or acceding to this Convention, has declared that this Convention will not apply to one or more of these territories. Any Contracting Party which has made such a declaration may at any time thereafter, by notification addressed to the Secretary General, extend the application of this Convention to any or all such territories.

Article 13

Signature, ratification and accession

any specialized agency, and any other non-Member State which is invited by the Economic and Social Council to become a Party to this Convention.

2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary General.

3. Any State referred to in paragraph 1 of this article may at any time accede to this Convention. The instrument of accession shall be deposited with the General Secretary.

Article 14

Entry into force

1. This Convention shall enter into force on the thirtieth day after the date of the deposit of the third instrument of ratification or accession in accordance with Article 13.

2. For each State which ratifies or accedes to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the date on which that State deposits its instrument of ratification or accession.

Article 15

Denunciation

1. Each Contracting Party may denounce this Convention by means of a notification addressed to the Secretary General. Denunciation may also apply to any or all of the territories referred to in Article 12.

2. The denunciation shall take effect one year from the date of receipt of said notice by the Secretary General, but shall not affect cases in progress at the time of its entry into force.

Article 16

Settlement of disputes

If a dispute arises between any of the Contracting Parties concerning the interpretation or application of this Convention, and if this dispute is not settled by other means, it shall be referred to the International Court of Justice. This is done either by notice of a special agreement or by a unilateral statement by one of the parties to the dispute.

Article 17

Reservations

1. If any State, at the time of ratification or accession, makes a reservation to any of the Articles of this Convention, the Secretary-General shall transmit the text of that reservation to all States Parties to this Convention and to other States referred to in the Article. 13. Each Contracting Party which objects to this reservation may, within ninety days from the date of this communication, notify the Secretary General that it objects to this reservation, in which case the Convention shall not enter into force between the State which has made the objection and the State who made the reservation. Any State which accedes to the Convention thereafter may make the same notification at the time of accession.

2. A Contracting Party may at any time withdraw from an earlier reservation and must notify the Secretary General of its withdrawal.

Article 18

Reciprocity

A Contracting Party may invoke the provisions of this Convention in relation to other Contracting Parties only to the extent that this Convention is binding on itself.

Article 19

Notifications by the Secretary General

1. The Secretary General informs all Member States of the United Nations and all non-Member States referred to in Article 13:

a ) notifications provided for in paragraph 3 of article 2;

b ) about information received in accordance with paragraph 2 of article 3;

c ) declarations and notifications made under article 12;

d ) of signatures, ratifications and accessions made under the provisions of Article 13;

e ) the date on which the Convention enters into force in accordance with Article 14, paragraph 1;

f ) of denunciations made under the provisions of paragraph 1 of article 15;

g ) of reservations and notifications made under the provisions of article 17.
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