How do I Collect the Unpaid Support?

If your former spouse or partner did not pay support for a period of time, you may ask the court to make a “determination of the arrearages owed” (total amount unpaid).

Also ask the court to set a monthly payment on the amount unpaid that is in addition to the base monthly support amount in the order.

To do this, you will need to go to the courthouse and file a:

Notice of Motion (Form FL-301) and an
Application for Order and Supporting Declaration (Form FL-310)

On your Application for Order, check box 9 (“Other Relief”) and write in “Determine arrears and set monthly payment of $____ (write in a reasonable amount).”

You will also need to have filled out and attached to the Notice:

Application to Determine Arrearages (Form FL-490),
Declaration of Payment History (Form FL-420) and
Payment History Attachment (Form FL-421) to show the overdue support amounts.

NOTE: You may not need all of these forms. Or you may need more forms. If you're not sure which forms to use, talk to your Family Law Facilitator or a lawyer.

For help in getting low-cost legal aid, click here.

For help finding local court forms you may need, go to your county's court website: click here.

After the forms are filed, copies of them will need to be “served” on the person who is not paying support.

Then the “Proof of Service” will need to be filed at the court. To learn how to do all of this, click here.

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