CALIFORNIA FAMILY LAW
...Enforcement
......Support Orders
.........Arrearages
............Setoff Against Debt
5 Cards On This Topic:
  • Court erred in ordering D to sign over accrued c/s payments to V as restitution where Cs had not yet reached majority—imprisoned D remains a conduit for Cs' support, free to disperse the funds for their care.
  • Court may not reduce H's outstanding alimony arrearage by offsetting against other debts owed to H by W.
  • Trial ct. properly offset property division debt against spousal support.
  • W, who was owed $24K in unpaid c/s by H, properly permitted to offset that against H's current c/s order in non-AFDC case.
  • Trial court need not permit offset of child support arrearage against post-trial property debt.