How do I Collect the Unpaid Support?

en español>

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 Opens new window 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) Opens new window and an
  • Application for Order and Supporting Declaration (Form FL-310) Opens new window

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), Opens new window
  • Declaration of Payment History (Form FL-420) and Opens new window
  • Payment History Attachment (Form FL-421) Opens new window 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 Opens
new window or a lawyer. 

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

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


After the forms are filed, copies of them will need to be “servedOpens new window 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.


<BACK TO AFTER THE COURT HEARING LIST>

<BACK TO FAQ'S MENU>

<NEXT QUESTION>

 

Did this information help you?  Tell us what you think.