Who is owed the arrears
It matters whether the past-due support is owed directly to the other parent or whether a public agency is also involved. If the state has a reimbursement claim, the parents’ agreement may not resolve the whole amount.
Short Answer
In California, you can ask about child support arrears, but the other parent’s agreement by itself usually may not be enough to make the arrears disappear. Child support is generally treated as the right of the child, not just a debt between parents, so a private agreement between adults often does not fully control what happens to past-due support.
That said, the exact rules can depend on how the support order was set up, whether arrears are owed to the other parent or to a government agency, and whether any public assistance or state reimbursement issues are involved. In some situations, parties may be able to reach a settlement or ask the court to approve an agreement, but court approval is often important.
California family law matters can be especially sensitive when support is owed for a child’s needs over time. Even if both parents want to resolve old support debt, the court may still look at whether the proposed forgiveness is lawful and consistent with the child’s interests and any public policy concerns.
If a government agency is involved, the analysis can be different from a purely private family dispute. The agency may have its own claim for reimbursement, and the parents’ agreement may not fully control that part of the debt.
Because the outcome can depend on the details, it is usually wise to review the support order, the payment history, and any agency involvement before relying on an informal agreement. This page gives general information only and is limited to California; other states may handle arrears differently.
What This Question Usually Means
People asking this usually want to know whether old unpaid child support can be canceled, reduced, waived, or settled if the receiving parent says they agree. They may also be asking whether a written agreement between the parents is enough, or whether a judge must approve any change. In California, the key issue is often whether the arrears are only between the parents or whether the debt also involves a public agency or reimbursement to the state.
General Legal Rule
In California, child support arrears are generally not treated like ordinary private debt. Even if the other parent agrees to forgive them, a court may still need to approve any change, and some arrears may not be fully waivable if they involve public policy interests or government reimbursement. In general, private agreements alone may not control past-due child support unless they are legally effective and consistent with applicable court procedures and any state interest in the debt.
Key Factors
Whether a court order already exists
Child support arrears usually come from an existing court order or support order. Changing what is owed often requires a formal court process rather than a private handshake agreement.
Whether public assistance was involved
If the child or custodial parent received public assistance, the state may have rights connected to the arrears. That can limit what the parents can waive on their own.
The wording of any agreement
A written agreement may matter more than an oral promise, but even a written agreement may still need court approval to be effective for arrears.
Whether the court views the agreement as lawful
Courts may consider whether forgiving arrears would conflict with legal limits or with the child’s interests. The parties’ consent is important but may not be the only issue.
How the arrears accrued
The size of the balance, the time period involved, and whether the debt is current or long overdue can affect how a court or agency views a request to forgive or settle it.
When to Talk to a Lawyer
You may want to talk to a California family law attorney if there is a large arrears balance, if public assistance was ever involved, if a child support agency is collecting the debt, or if you are considering a written settlement or court request to forgive arrears. Legal help may also be useful if there is disagreement about how much is owed, whether interest applies, or whether the court can approve a waiver. A lawyer can also help explain whether the parents’ agreement is likely to be enough or whether additional court action is needed.
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Find California LawyersQuestions to Ask an Attorney
- Are these arrears owed only to the other parent, or is the state also involved?
- Can the parents’ agreement be presented to the court, and what procedure is usually used?
- Does public assistance or reimbursement affect whether the arrears can be forgiven?
- Would a written settlement be enforceable, and what should it include?
- Could any part of the arrears still be collected even if the receiving parent agrees not to pursue them?
- Are there any interest or enforcement issues that may remain after a settlement?
- What documents should I bring to help review the arrears balance and support history?
- How might California rules apply differently if the support order was issued in another state?
Documents and Evidence
Child support order or judgment
This shows the legal basis for the support obligation and whether there is an existing court order.
Payment history or account statement
This helps identify how much is allegedly owed and whether the balance is accurate.
Any written agreement between the parents
A written agreement may be important if the parents are trying to settle arrears or ask the court for approval.
Records showing public assistance or agency involvement
These records may show whether the state has a reimbursement interest that the parents cannot waive on their own.
Court notices or collection letters
These can show whether enforcement is active and which entity is collecting the debt.
Legal Disclaimer
This page is for general legal information only and is not legal advice. It does not create an attorney-client relationship. Laws and procedures may change and may vary by jurisdiction. You should talk to a qualified attorney licensed in your jurisdiction about your specific situation.
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