Understanding Child Support Arrears Forgiveness Programs — What California Actually Offers

California Child Support Recovery System | Justice Foundation

California has historically operated arrears compromise programs allowing delinquent parents to settle government-owed arrears (the portion that accrued while the custodial parent received public assistance) at a reduced amount. As a custodial parent, understanding what these programs cover — and what they don’t — ensures you don’t inadvertently agree to something that reduces what you’re owed.

Two Types of Arrears

California child support arrears fall into two categories: “family arrears” (amounts owed directly to you, the custodial parent) and “assigned arrears” (amounts that accrued while you or your child received CalWORKs or other public assistance and were assigned to the state). The state has some ability to compromise its assigned arrears — the portion that represents reimbursement for public assistance paid. The state has no authority to compromise or reduce family arrears owed directly to you without your explicit, voluntary agreement.

What Compromise Programs Cover

California’s arrears compromise programs — when available — allow delinquent obligors to pay a reduced amount to settle assigned arrears owed to the government. These programs reduce the obligor’s total debt burden and are intended to motivate payment of something rather than nothing. But they only apply to the government’s share of arrears — they cannot reduce family arrears without your consent.

Your Veto Power

If DCSS proposes an arrears compromise arrangement for an obligor on your case, you have the right to be notified and in most circumstances the right to object. An arrears compromise that would also reduce family arrears owed to you requires your consent — DCSS cannot give that consent on your behalf. Review any proposed arrears compromise carefully before agreeing to it, and ensure you understand which portion is assigned arrears and which is family arrears.

When Compromise Makes Sense for You

In some circumstances, accepting a discounted lump-sum payment of a large arrears balance may be in your interest — particularly for very old arrears from an obligor with limited collection prospects. The key is that any compromise must be voluntary and fully informed. The Justice Foundation kit covers arrears compromise evaluation and the questions to ask before agreeing to any reduction of amounts owed to you.