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HomeFamily CodeDiv. 9Pt. 5Ch. 3Art. 2§ 4612 Child Support Arrears Defenses

§ 4612 Child Support Arrears Defenses

Family Code·California
AI Summary·Official Text·Related Statutes·References
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§ 4612 Child Support Arrears Defenses

Key Takeaways

  • •If a parent is accused of not paying child support, they can defend themselves with reasons like: they actually paid, they’re sick, they lost their job, or their family is in a tough spot.
  • •The parent can also stop the government from taking their stuff (like money or property) if they prove one of these reasons.
  • •If the parent’s situation is really bad (like they can’t work or their family is suffering), the court might give them a break.

Example

A dad loses his job and can’t pay child support for a few months. The mom asks the court to take money from his bank account.

The dad can tell the court he’s unemployed and needs that money to survive. If the court agrees, they might stop the mom from taking his money until he finds a new job.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4612 Child Support Arrears Defenses

An obligor-parent alleged to be in arrears may use any of the following grounds as a defense to the motion filed pursuant to this article or as a basis for filing a motion to stop a sale or use of assets under Section 4631: (a)Child support payments are not in arrears. (b)Laches. (c)There has been a change in the custody of the children. (d)There is a pending motion for reduction in support due to a reduction in income. (e)Illness or disability. (f)Unemployment. (g)Serious adverse impact on the immediate family of the obligor-parent residing with the obligor-parent that outweighs the impact of denial of the motion or stopping the sale on obligee. (h)Serious impairment of the ability of the obligor-parent to generate income. (i)Other emergency conditions.

Last verified: February 26, 2026

Related Statutes

  • § 3585 Child Support Agreement Severability
  • § 3586 Combined Support Agreement Rules
  • § 3587 Adult Child Support Agreements
  • § 4610 Child Support Security Deposits
  • § 4611 Child Support Payment Presumptions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 4612.
View Official Source