Who collects the support arrearages after final judgement?

Question:

After child support obligation ends and a final judgment has been made, do the arrearages become collectible by my child or does the custodial parent still retain collection?


Answer:
You should contact an attorney licensed in your state as each state has different provisions which control support orders.  I do not practice in Arizona.

Although child support is for the benefit of the child, the payments are made to the person who is providing the care for the child as opposed to the child.  This is based on the theory that the support is reimbursing the custodial parent for expenses he/she incurs to support the child.  If there are arrears, the arrears would belong to the custodial parent as you have failed to reimburse the custodial parent for the support he/she has already provided for the child.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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