Legal Question in Family Law in California
back child support
My original amount of back child support was 64,000.00. i have always paid my child support and am still paying my support but the amount never goes down. my wages are garnished so its not like i have a choice to pay or not to pay. now that i have been paying 50% of everycheck i have and 100% of my tax return for 7 years my total is now 110,000.00 dollars how am i ever going to pay this off? and this debt is on my credit report? any suggestions on what i should or could do?
2 Answers from Attorneys
Re: back child support
Frequently, County Child Support Services miscalculate child support. There is very little case law directing them how to calculate it, so they often calculate it in a way that favors them most. For example, I have seen some counties compound interest. When I confronted a county child support attorney regarding this issue, he said that the statutes which prohibit compounding interest do not apply to them because they are "the government". The court disagreed. There are ways to reduce the amount of arrears you owe, but you will have to hire an attorney and actuary to re-calculate past due child support in a way that favors you, not the county. Then you will have to take the county to court and ask the court to determine the amount of arrears you actually owe. You may be able to get a court order reducing the amount of money that is taken out of your check each month as well.
Re: back child support
First, how did you ever get 64k behind in child support? When the debt gets this large and continues to accrue interest at 10% per year. The interest alone would be 6.4k per year and this comes to around $520 per month in interest alone before you even begin to touch the prinicpal. If you're are not handing over interest in any given month, then your principal (prior unpaid support, interest, and interest on both) continues to grow, which is then charged 10% interest...you get the picture. It is one of the better scams that our legislators have given to non-custodial parents in California. The short answer is that they can only take one-half your earnings, for now anyway.