Legal Question in Family Law in California

Answer to Question One:

The back child support earns interest at the rate of 10% interest. You are only allowed to charge simple interest, and not compound interest. The interest continually accrues on the principal, until the principal is paid. But you cannot calculate interest based on the unpaid interest, as that would be compound interest.

Answer to Question Two:

I have no idea what you mean by write off the amount. Do you mean waive it, which waives the entire amount, or do you mean write it off your taxes? (Which reminds me of a scene from Seinfeld.)

Any payments that he makes on his child support right now is applied first to the ongoing monthly amount, second to the interest and any additional toward the interest. If the back child support is $3,600 it accrues interest at the rate of $30 per month. If, as an example, his child support is $500 per month and he pays $600, that payment is applied as follows: $500 to the monthly support and $100 toward the interest. No payment toward principal until the interest is paid off, so his principal amount remains at $3,600.

Yes you can enter into a written agreement where his ex-wife waives that interest and the claim is reduced. You should have an attorney to prepare that agreement as it requires specific language. I generally charge $250 to $500 to prepare the agreement.

Good Luck, Pat McCrary