Legal Question in Family Law in California

Re: Child support Arrears Calculations ..Interest

Interest is 10% per year. Interest is not compounded. That is you do not have to pay interest on the unpaid interest.

Payments are credited first to interest and then to the principal. Your minimum monthly payment must be greater than monthly interest charge, 1/12 of the annual interest, or you will either owe more each month or be paying for the rest of his life.

Send a written request for an accounting to the District Attorney's office, be sure to include the DA case number. Attaching a copy of a bill to the letter will insure that the required information is required. Also get checks or bank copies of all checks for payments back as far as possible. This case will probably drag on years. You may receive a bill several years from now stating that an amount is owed, for a time longer than 7 years ago. Banks keep records for only about 7 years. The demand for payment could exceed the 7 years. Once the DA presents an accounting then you must prove that you made the payment. Keep records of payments on child support for ever.

Re: Child support Arrears Calculations ..Interest

10% per year. Example: you owe $12,000 in arrears. You make a $400 payment on that thirty days later, and the first $100 was interest, and the remaining $300 was payment on the principal.

The next month you again pay $400, but now the principal you are paying interst on is $11,700, so that the first $97.50 of the second $400 is applied to interest and the balance applied to principal, so that the new prin.balance is $11,397.50.

In SD you can get an audit without filing pleadings with the court, but it does take awhile.

Re: Child support Arrears Calculations ..Interest

Dear Prospective Client:

You will need to file a motion with the court requesting the District Attorney's Office to provide your husband with an audit calculating the child support arrears and the accrued interest. That audit is a schedule that provides information as to the payment history and the AFDC and NON-AFDC OBLIGATION. Further, mother can waive her right to past support and close the D.A.'s case or you could reach an agreement regarding back child support providing her with a reduced lump sum amount. IF YOU NEED A FREE OFFICE CONSULTATION YOU MAY CONTACT MY OFFICE AT 310-839-7700.

SINCERELY,

NINA N. GOHARI, ESQ.

Re: Child support Arrears Calculations ..Interest

THIS IS VERY IMPORTANT SO PLEASE REMEMBER THAT IF THERE IS AN EXISTING DEFAULT JUDGMENT OR ORDER AGAINST THE FATHER (OR MAY EXIST )THEN I SUGGEST THE YOU REFRAIN FROM FILING A MOTION BUT INSTEAD HIRE AN ATTORNEY TO REVIEW THE COURT FILE AND PROVIDE YOU WITH APPROPRIATE SOLUTION LIKE ATTACKING THE DEFAULT JUDGMENT/ORDER FIRST. IF YOU DO NOT ATTACK THE JUDGMENT BY FILING THE MOTION FIRST THEN YOU WILL LOSE THE ABILITY TO ATTACK THE DEFAULT JUDGMENT ALL TOGETHER.