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chaos88 · May 2, 2009, 04:55 PM

My kid is about 3 months from trurning 18 and I have received a summons and complaint from the city of los angeles in cali... on the complaint in the calculations there is a box if arrears apply and it is not checked... as well as on the computation page under arrears it says "not applicable"... can the mother of my kid file for arrears at this very late date ? She recently asked for and received county aid and I can only assume that this is why this is happeneing now... I have never had an order for support from any judge or court... I have never received a summons and complaint until now... can my ex try to force to me to pay arrears even though there was never an order of support ? It appears to me that they are only going after an order of support at the rate of 321 dollars a month... and I would assume that this is only for the last 3 months until he turns 18 ?
I really need help and clarity on this issue before I sign anything... I would be happy to sign it if that's the case as it is less than I was giving her anyway... is it possible that she (ex), or the d.a. can go after me for arrears if there was never a pre existing order of support.. I'm not concerned with paying the asked for monthly amount... im just afraid that they will try to go after for past arrears now that they are opening a new case... again I have never had an order for support to date... thankyou,
chaos88

cdad · May 2, 2009, 05:09 PM

In general they can only go back to the original filing date. So depending on when it was filed that's about as far back as they can go. What that really means is that you could be in arrears at the time the paperwork is settled. Lets say it takes 3 months then you would be obligated to that 3 months plus what you would be paying per the order. I hope that makes sense to you. Also in Cali its 18 and finished High School or until 19.

ScottGem · May 2, 2009, 05:14 PM

Arrears are unpaid amounts that were supposed to be paid. Since you never had an order for payment there are no arrears to be paid.

cadillac59 · May 2, 2009, 05:16 PM

You have nothing to worry about. The reason the box for arrears was not checked is because there are no arrears. Arrears means there was a support order and you didn't pay under the order. If there never was an order, there can be no arrears.

This question gets asked a lot on this board, so I'll answer it again (as it pertains to California law on the subject): A child support order (or one for welfare reimbursement) cannot reach back (i.e. be retroactive) to any date earlier than the date a complaint or petition was filed with the court in which child support was sought (Cal. Fam. Code section 4009). So look at the court's filing stamp date on the complaint or petition. That's the earliest date a support order can legally be effective. If the mom waited until the kid was 17 1/2 to file for support or go on welfare, and needed support earlier--say back when the kid was 6-- it's too late. She gets the support from the date the court case is filed and forward only.

If your child is about to turn 18, child support will end after he finishes high school if he's 18 years old. If he's already out of high school, it will end on his 18th birthday. If he's not finished with high school at 18, it will continue as long as he remains a full time high school student, but in no event later than his 19th birthday.

That's about it.

chaos88 · May 2, 2009, 06:16 PM

Thanks for the help... to all who answered ! Really appreciate...

cadillac59 · May 3, 2009, 03:37 PM

Originally Posted by chaos88

thanx for the help ....to all who answered ! really appreciate .....

Glad we could help.

I have to give you credit for correctly using the word "arrears." Some people on this board have been trying to start a new trend in the use of language by referring to being "in the rears" but it's not catching on.:)