Legal Question in Family Law in California
Applied unknown interest to premium owed
If the non-custodial parent was never informed that he has to pay interest on the premium, is he required to pay interest on the premium? The non-custodial parent lives in Germany and every document that he has recieved states that there is no interest being owed. In fact, he has a document signed by a case worker saying that he is free of paying interest for the fact that he lives in a foriegn country. He was notified 4 weeks ago that he must pay the interest now for the last 10 years. He has been paying off the premium reguarly for the past 7 years. Is he now just a scape goat for the Child Support Division of California(Commonly known as the Financial Terrorist of Ca.).Yes, I am the non-custodial parent and have been living in Germany now 14 years.
2 Answers from Attorneys
Re: Applied unknown interest to premium owed
Yes, accruing interest on arrearages is mandated by law,, your only remedy is to petition the court for a settlement of arrearages, argue that it isn't fair, after so many years of no interest, and hopefully a sympathetic judge will reduce that amount,,,good luck,,,pdm
Re: Applied unknown interest to premium owed
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. It is my understanding the interest on child support arrearage accrues as a matter of law. I don't think where you live makes any difference.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
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