California
Can back child support be forgiven in California?
Quick answer
Usually not by a judge. In California, a court generally cannot reduce child support that came due before the date a request to change it was filed. There are narrow routes: the state can compromise arrears owed to the state, support is suspended by law during incarceration of more than 90 days in a row unless the parent has the means to pay, and a parent can ask the court to determine the true amount owed, for example after payments that were not credited.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Family Code section 3651(c)(1): “a support order may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate,” subject to the exceptions in section 3651(b) and (c)(2), including one for service members deployed out of state.
Section 17560(a) has the Department of Child Support Services run a statewide compromise of arrears program, under which it may accept offers in compromise of “child support arrears and interest accrued thereon owed to the state for reimbursement of aid paid” under the state’s public assistance program. Under section 17560(d), arrears owed directly to the other parent cannot be compromised “unless that party consents to the offer in compromise in writing and participates in the agreement.” The parent who owes must provide proof of income and assets (section 17560(f)(3)).
Section 4007.5(a): “Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless the person owing support has the means to pay support while incarcerated or involuntarily institutionalized.” And under section 291(d), the defense of laches applies “only with respect to any portion of the judgment that is owed to the state.”
What to do next
To ask the court to determine arrears, attach an Application to Determine Arrears (form FL-490) to a Request for Order. Its grounds include support already paid, the children living with you full time, and confinement for more than 90 days in a row with no ability to pay. Because a change reaches back only to the filing date, a parent whose income has dropped can file to change current support. The sections we read do not describe forgiving arrears owed to the other parent outside the program; your court’s family law facilitator can explain the options.
Last checked against the sources above on October 8, 2026.
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