Código de Familia de California, § 155

How Does California Family Code § 155 Define a Support Order and Why Does It Matter for Interest on Unpaid Support?

You thought the support order was finished when the judge signed it. Payments would come in, life would move forward, and that chapter would close. But payments stopped. Or they never started. And now the balance is climbing, and you are not sure why the amount owed keeps growing beyond what the court originally ordered.

Código de Familia de California, § 155 defines what a “support order” actually is under state law, and that definition determines how interest accrues on every dollar of unpaid child support and spousal support in your case. Understanding this statute is the first step toward protecting yourself, whether you are owed support or behind on payments.

Quinn & Dworakowski, S.L. has enforced and defended support orders across Orange County for over a decade, including contempt proceedings where interest calculations made the difference between resolution and escalation.

What Does Family Code § 155 Actually Say?

Section 155 gives a single, specific definition: a “support order” is any judgment or order of support in favor of an obligee (the person entitled to receive the payments). It does not matter whether the order is temporary or final, or whether it was entered in a divorce case, a paternity action, or a domestic violence proceeding. If a court ordered one person to pay support to another, that order falls under this definition.

The statute then adds two critical qualifiers:

1. For the purposes of Code of Civil Procedure § 685.020, only the initial support order counts as an installment judgment.
2. Any later order that calculates past-due amounts or sets up a repayment schedule for arrears does not count as a “money judgment” under that same code section.

These distinctions matter enormously when calculating interest.

How Interest Accrues on Unpaid Support in California

Most people never think about how their support order is classified until they face an enforcement action or a balance that has grown far beyond what they expected.

Bajo CCP § 685.010, unpaid judgments in California accrue interest at 10% per year. The California Constitution, Article XV, § 1, and CCP § 685.010 together establish that rate, and it applies automatically. No one has to file a motion to trigger it. The court does not have discretion to set a different rate.

With a standard money judgment, interest runs on the full amount from the day it is entered. Support orders work differently. Because Family Code § 155 classifies the initial support order as an installment judgment, interest starts separately on each payment from the date that payment was due.

For example, missing a $2,000 payment in January triggers an interest clock for that specific amount, with subsequent missed payments starting their own separate accruals. Over time, this installment-based calculation can significantly increase the total debt.

When the 10% Rate Applies to Support

Manutención infantil y pensión alimenticia arrears accrue at 10% per year on the unpaid principal. For support judgments, payments are credited first to the current month’s support, then to the principal amount of past-due support, and then to accrued interest. This order is different from non-support judgments, where interest is paid before principal.

When a Lower Rate Might Apply

CCP § 685.010 includes reduced rates for certain personal debts and medical expense judgments. However, these reductions apply to personal-debt judgments under $50,000 or medical-expense judgments under $200,000.

Un Abogado especializado en derecho de familia en el Condado de Orange can review whether a reduced rate applies in a specific case, but in most support situations, the 10% rate is the standard.

What Happens When You Fall Behind

Falling behind on a support order can trigger a range of enforcement actions. The California Department of Child Support Services (DCSS) and the Orange County family court both have authority to act, and the consequences escalate over time.

• Wage garnishment through an Income Withholding Order, which directs an employer to deduct support directly from paychecks before the employee receives them
• Interception of state and federal tax refunds, lottery winnings, and certain insurance settlements
• Bank account levies, where funds are frozen and withdrawn to satisfy arrears
• Property liens recorded against real estate, preventing sale or refinancing until the debt is cleared
• Suspension or revocation of driver’s licenses and professional licenses under state law
• Denial of passports when arrears exceed $2,500 (42 U.S.C. § 652(k))
• Contempt of court proceedings, where each month for which support was not paid in full can be charged as a separate count of contempt

Unlike most debts, child support arrears in California have no statute of limitations and cannot be discharged through bankruptcy. The obligation follows the payor until every dollar, including interest, is paid in full.

Frequently Asked Questions About California Family Code § 155

Does Family Code § 155 apply to both child support and spousal support?

Yes. The statute defines a “support order” broadly to include any judgment or order of support in favor of an obligee, which covers child support, spousal support, and family support orders. The California Family Code’s definitions section (Sections 50 through 155) applies across all family law proceedings.

How do I calculate the interest owed on my unpaid support?

Multiply each unpaid installment by 10%, divide by 365 to get the daily rate, then multiply by the number of days since that installment was due. The Judicial Council’s MC-013-INFO form provides step-by-step worksheets. For complex arrears spanning multiple years, you’ll likely need a family law attorney or forensic accountant to produce an accurate calculation.

What is the statute of limitations for collecting unpaid child support in California?

There isn’t one. Unlike most debts, child support arrears have no expiration date in California and cannot be discharged in bankruptcy. The DCSS can continue enforcement actions until the full balance, including all accrued interest, is satisfied. However, contempt actions for specific missed payments must generally be filed within three years of the delinquent date.

Does paying part of what I owe reduce the interest that accrues?

For support judgments, payments are credited first to the current month’s support, then to the principal of past-due support, and then to accrued interest (CCP § 695.221). This order is different from non-support judgments, which follow CCP § 695.220. So yes, paying something reduces the base on which future interest accrues, but you won’t see a dollar-for-dollar reduction in your principal until the accumulated interest is satisfied first.

Does a new repayment order or arrears judgment reset the interest clock on unpaid support?

No. Under Section 155, an order calculating past-due support or establishing a repayment plan is not considered a new “money judgment.” The interest continues to accrue from the original due date of each missed installment, regardless of any new court orders. This means a payor cannot lower their interest debt simply by entering into a new repayment agreement.

Can a judge waive or forgive the interest on past-due support?

In almost all cases, no. California law mandates that interest on unpaid support accrues automatically, and judges do not have the discretion to forgive it, even if both parents agree. The only significant exception involves specific provisions for military service members during active deployment under Family Code § 3651(c), though this is not a waiver of interest already built up.

Quinn & Dworakowski, LLP: Your Family Law Firm

If unpaid support is piling up, or if someone is telling you that you owe more than the numbers justify, understanding Family Code § 155 is where getting the math right starts. And getting it right changes what you owe, what you are owed, and what comes next.

At Quinn & Dworakowski, both founding partners are Certified Family Law Specialists, certified by the State Bar of California Board of Legal Specialization, who have handled support enforcement and modification matters in Orange County courts for over a decade. We know how to calculate arrears, challenge improper interest figures, and build a strategy that fits your situation. Póngase en contacto con nuestro bufete hoy mismo to talk about what comes next.