11
Nov

Child support is modifiable any time prior to the child turning 18 years of age (or high school graduation or 19, whichever is first). In order to modify child support, a parent can show a change in income or timeshare with the child. California laws prevent a retroactive modification of child support. In other words, if child support has already accrued, it is considered a money judgment collectable and enforceable by the recipient. Nevertheless, child support is a right that runs to the child, not the parent. “The obligation is to the child and not to the mother.” Jackson v. Jackson, 51 Cal. App. 3d 363, 367, 124 Cal. Rptr. 101 (Ct. App. 1975).

In Jackson v. Jackson, the Court held that a parent is entitled to credit for child support payments if, in addition to paying court-ordered child support, the parent also takes care of the child in excess of his custodial time. Thus, when the mother tried to collect to accrued child support from the father, the Court denied her request on the ground that Father “provided a home and support” for the child in excess of the amount of court-ordered child support and thus should not have to pay to the mother the accrued child support amount. This became known as the Jackson credit.

Recently, the Court in In re Marriage of Siva, 53 Cal. App. 5th 1170, 1176 again recognize the equitable concept of the Jackson credit as “California courts have recognized …that an obligor discharged his or her child support obligation for the period during which the supported child lived with the obligor.” The Silva court then went on to hold that the obligor father is entitled to Jackson credit for the ten months that preceded his request to modify child support when the subject child was living with him full time. In other words, the father who voluntarily took care of the child full time did not have to pay to the mother the court-ordered child support for these months even though the support continued to accrue during this time.

Jackson credit avoids the inequitable situation of a parent having to pay child support to the noncustodial parent while also paying for housing and living expenses for the child. Jackson credit can be a powerful tool to balance the scale of justice for a parent who owes a large amount of child support to the noncustodial parent. If you are seeking to modify child support or arrears, contact our office to determine if Jackson credit is applicable in your case.