Q: I was recently awarded spousal support but have arrears for child support I owe the father.
Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.
I do plan on paying my arrears but I’m afraid they would take the full amount towards my arrears even though the modification is still pending. At this point my arrears would of been taken care of if the modification had been set but father keeps asking for continuances and they keep getting granted
A:
In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to intercept various sources of income, including spousal support, to satisfy outstanding child support debts. This is part of the effort to ensure that child support obligations are met promptly.
However, the amount that can be garnished from your spousal support to cover child support arrears may not necessarily be the full amount of your spousal support payments. There are federal and state laws in place that limit the percentage of your income that can be garnished for debt repayment, including child support arrears. These laws aim to ensure that while obligations are being met, individuals still have enough income to support themselves.
Given your situation, where a child support modification is pending, it is important to communicate with the child support enforcement agency about your current circumstances. They may take into consideration the pending modification and the fact that you now have physical custody of your child. It would also be beneficial to seek legal advice to navigate this process effectively and to advocate for a fair resolution that considers your efforts to pay the arrears and the delay caused by the continuances in court.
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