Child Support and the Determination of the Payment of Arrears

At the Law Office of David p Schwarz we will fight for you rights to defend against unwarranted actions to collect child support. We have litigated many cases in Child support Court against the County. Please contact our office at 949 735 9266 or via for a consultation. We can also be contacted via email at

A Child support lawyer will make sure that the action to collect child support will be done in the appropriate time frame in which to collect arrearages.

A Child support attorney will also make sure your rights as a paying parent do not get trampled on by the County enforcing child support payments. Our office will defend any overreaching attempts by the Department of Child support services to file an action for collection of arrears when they are not legally able to do so.

An Orange County Family Lawyer will assist you in mitigating potential extreme financial hardship when the Court attempts to set an amount for payment on past due child support. Often the Court will look at four factors in determining an appropriate amount the obligor parent should pay.

First the Court will look to see if the child in question lived with the parent who is obligated to pay past due child support. If the child lived with that parent that they should get credit for that period the child lived with them.

A Child support attorney, Secondly will argue that he child support court must do an accounting to see if there were overpayments in child support. An audit of the child support payments through the years if imperative to make sure the parent who has been paying child support is not taken advantage of by the County.

At the Law Office of David P Schwarz we will argue that the Child support court fairly and equitably examines the financial condition of the parent who is obligated to pay the child support arrears. This is important because if there is a current child support order we want to make sure our client does not have a arrears payment that is overly burdensome if there is a current child support order they are obligated to pay.

Finally the Orange County Child support Court must look at other child support actions against the parent who is currently paying child support. If the parent is paying arrears on other child support cases then the Child Support Court must consider the amount the parent is paying in arrears in the other case.

At the Law office of David P Schwarz we have many years of experience Orange County Child support Courts in defending actions against our clients for collection of arrears. We have successfully defeated Department of Child support actions seeking excessive payments on past due child support. Please contact our office for a consultation at 949 735 9266 or via the web. We can be contacted as well via email at

Client Reviews
David is an excellent attorney!!!!!!! He gives 100% to his clients. I highly recommend him for your legal needs, in his expertise. He has been most patient, gracious, thorough, and always gets right back to you. Thank you so much for your excellent service!!!!! L.H.
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I have referred several of my friends and relatives who needed representation in family court to David. From prenuptial agreements to divorce to child custody, David is the go-to guy. He is a seasoned attorney who knows what he's doing, and so far, I've only heard good things about him. C.G.