California Statute of Limitation on Child & Spousal Support

Statute of Limitation Defined

• A statute of limitation is the amount of time that you can be criminally prosecuted for a crime after it has been committed. This limitation ensures against being blindsided and charged for a minor offense that occurred long ago. Every state has statutes of limitation for minor crimes. California, however, does not consider delinquent child and spousal support minor.

Payer Responsibility

• There is currently no statute of limitation regarding child support in California. That means if a person has been required by law to pay child support and has not done so, the amount of that support is still due no matter how much time has passed. Spousal support, also called alimony, is similar to child support except that it provides monetary support for the ex-spouse. Like child support, it carries no statute of limitations in California.

Time Frame

• Child support is paid based on the terms mandated by the judge when a divorce is finalized. The amount due accrues from the time of the child support judgment until the child reaches the “age of majority.” This age is reached when the child graduates from high school or turns 19, whichever comes first. Alimony is awarded and paid at the discretion of the judge. Sometimes it is paid only for the duration of the court proceedings; other times the payments are permanent. Alimony is often terminated if the receiving spouse remarries.

Monetary Penalties

• According to California’s Family Code, support that is unpaid for more than 30 days can result in a notice of delinquency being filed. Once filed, the past due amount must be paid within 30 days of the notice to avoid penalty. The current penalty for past due support is 6% of the past due amount per month until the balance is paid, not to exceed 72% interest of the total amount due per year.

Civil Penalties

• There are also civil penalties for past due support payments. Because support payments are mandated in court, those who fail to make those payments could be held in contempt, serve up to five days in jail, and pay a fine of $1,000 for each month a payment is past due. As long as there are not more than 35 counts of contempt, there is no entitlement to a jury trial.