Soto Bill Stops Child Support Delinquents from “Running down the clock."
Sacramento – Parents who have custody of their children can now go to court to demand delinquent support even after their child has turned 18 years old. Governor Gray Davis signed into law, Senate Bill 1658 authored by Senator Nell Soto (D-Pomona). The new law will remove a loophole used by deadbeat parents to avoid paying back child support.
“Every child deserves the best quality of life,” says Soto. “This new law enables the parent who has custody of the child, to show they were not paid court ordered child support and that they should receive it. Our children deserve what is owed to them. Some parents will do anything to shun their responsibility. Now they will not get away with avoiding those court orders, thinking they will not have to pay once their child turns 18 years old.”
SB 1658 prohibits a person who has been ordered by a court of law to pay child support from getting out of that obligation by “running down the clock”. This will give the custodial parent an opportunity to demonstrate that they were not paid court ordered child support and ask for the back pay plus interest, irrespective if the child already reached the age of 18.
The California Department of Child Support Services reports that California has the largest child support program of any state in the country, with approximately two million cases. Total collections exceed $2 billion, according to the DCSS.
The Association for Children for Enforcement of Support (ACE), the California Commission on the Status of Women, National Youth Center for Law, and California National Organization for Women (NOW) support SB 1658.
The bill becomes law January 1, 2003.