Child Support and the Affirmative Defenses to The Collection of Arrears

At the Law Office of David P Schwarz we have skillfully filed motions in the Child Support Court alleging Affirmative defenses to the collection of child support arrears. Please call our office for a consultation at 949 735 9266 or via the web. We also can be contacted via email at

A Child Support Lawyer will be able to assert affirmative defenses on your behalf when there is an action against you to collect past due arrears. On such affirmative defense is equitable estoppel. In many cases one parent will conceal the whereabouts of the minor child. If the child is still a minor when the parent commences the action to collect arrears the affirmative defense of estoppel cannot be used. However, if the child attains the age of majority the affirmative defense of equitable estoppel can be used to fight unnecessary delay and prejudice.

An Orange County Child support attorney can also argue on behalf of a parent seeking collection of arrears. If the parent had entered into an agreement accepting less than was court ordered per a judgment for support they are not prevented from pursuing arrears for that lesser amount. There is no waiver defense that would prevent a parent from collecting an amount of support that was less than court ordered.

At the Law office of David P Schwarz we have handled many cases using the affirmative defense of Laches. Where the party seeking the collection of the arrears waited too long and delayed the proceedings in such a matter that collection of the child support would be unnecessary for the benefit of the child. An example of the use of this affirmative defense occurs when the child has reach majority and the parent never collected arrears after many years. In addition, the parent does not need the money any more. The child support courts in this situation will apply the Laches defense.

An Orange County Child Support Lawyer can assist you in using the Statute of limitations as an affirmative defense. However, the other parent can collect child support arrears until the child has maintained the age of 23. There also is a 10 year rule for collection of support.

If the affirmative defense approach cannot be done then the Child Support Court will look at a Payment schedule. A payments schedule can alleviate the inequity in the amount of payments a financially distressed parent might be in.

Ultimately the child support must make an order that is fair and equitable. If a parent had made prior child support payments and had not been given credit for those payments the Court will give them to him. Often parents make overpayments in child support and the Court needs to do an accounting to ensure that there is an accurate payment history.

At the Law Office of David Schwarz we can assure you that if you have a child support arrears issue we will build you a strong defense. We have fought for many affirmative defenses in child support arrear cases in Orange County. Please contact our office at 949 735 9266 or via the web. Please contact us via email at

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