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Payment -- Detail
All payments must be made to the child support agency. Payments made directly to the custodial parent may not be credited as support and could result in sanctions to the paying parent for failing to comply with the court order.
Custodial parents who receive payments directly are required to send the payments to the
child support agency to ensure proper credit and disbursement.
Non-money payments such as payment of the custodial
parent's rent, car payment or bills, or purchasing formula,
diapers, clothing, etc. for the children will usually
not be credited as a payment of court-ordered child
support. It is not uncommon for courts to deny any credit
for payments made that do not comply with the court's order.
California law accrues interest on unpaid child support judgments at the rate of:
- 10% simple interest per year on amounts after January 1, 1983
- 7% simple interest per year on amounts before January 1, 1983
The purpose of interest is to adjust the past-due
debt to current values and to encourage timely payment. The accrued
interest actually becomes part of the judgment.
In California, the child support
obligation runs until the child reaches age 18, or
if still enrolled in high school, until graduation
or age 19, whichever comes first. If the child is
incapacitated from supporting him/herself or if there
is an agreement for support after the legal age, support
may be ordered to continue into adulthood.
In interstate cases, support may
run beyond the age of majority in California - often
up to age 21 - depending on where the support order
was entered and the circumstances of the case.
Effective October 1, 1998, as part of welfare reform enacted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), changes occurred in the distribution of both welfare
and non-welfare support payments.
The following is an explanation of Arrearage Account Types effective 10/01/98:
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NEW TERM
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DEFINITION
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AID STATUS
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OLD TERM
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Permanently Assigned
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Arrears accrued while on CalWORKs
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Active
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Welfare (AFDC) current and arrears
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Temporarily Assigned
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Arrears accrued prior to going
on CalWORKs are temporarily assigned while on CalWORKs
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Only while Active
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Nonwelfare arrears assigned temporarily to welfare (AFDC)
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Conditionally Assigned
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Arrears accrued prior to going on CalWORKs are conditionally assigned after
going off CalWORKs if all aid hasn't been recouped
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Discontinued
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Nonwelfare arrears assigned to welfare (AFDC), up to total aid paid to the family
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Unassigned Arrears
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Arrears that were assigned
become unassigned after off CalWORKs and the
total aid paid has been recouped
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Discontinued
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Welfare (AFDC) arrears that
convert to N/W arrears because TAP has been
reimbursed to the county
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Never Assigned
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Arrears accrued after family off CalWORKs -- or if family never received CalWORKs
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Discontinued or never received aid
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Nonwelfare arrears
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At the time of conversion in October 1998, all existing
CalWORKs (Temporary Assistance to Needy Families)
arrears became Permanently Assigned arrears owed to
the county (welfare), up to the amount of total aid
paid (TAP) in public assistance to support the family.
Any amounts over the TAP became Never Assigned arrears
and are owed to the family
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