Legal Question in Family Law in California

child support

I have been paying child support to a county in California for the past 6.5 years from when my deceased ex-husband was receiving welfare from that county.When he passed away they said that I owed them $14,000.00. They have been taking 200.00 a month out of my paycheck for the past 6.5 years and they take my tax return. I have paid them more than this amount. They still say that I owe them this amount because of interest.According to them the only way to stop this is to pay them a lump sum payment of $14,000.00.


Asked on 4/24/01, 11:50 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: child support

The interest, by law, is 10% simple interest with the payment being applied first to the interest and next to the principal. There is no compound interest. If they told you 6.5 years ago that you owed $14,000, there may have been some interest owing at the time in addition to the $14,000 principal, but they didn't tell you. Or, the $14,000 may have included principal and interest, it is not unusual that they did not explain your obligations to you more completely, however, your situation is not unusual as I have talked to many, many people with the same complaints. If the principal is $14,000 then interest will accrue at $116.67 per month so a payment of $200 should be reducing what you owe by $83.33 per month. Ask the county involved for an "audit" or and "accounting" which should show you what you have paid and where it would be applied, toward interest or principal. I charge $95 to review the audit and advise you of your your options. I need copies of the court orders and the audit. If you have a good record of your payments and copies of all court orders, I can produce an "audit", but the costs would be $250. At that time I could advise you of your options. There are ways by using a Chapter 13 Wage Earner plan to reduce the costs of the interest and pay the balance off sooner. Also, making larger payments will cut down on your interest costs. Good Luck

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Answered on 6/16/01, 12:06 pm


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