Legal Question in Family Law in California

Interest an Back Child Support

My husband has been paying back child support for the

past 4 1/2 years. The mother was on welfare.My husband

was unemployed and homeless for years due to a drug addiction.We bought a nouse and now the County of San Diego has added 26,000 in interest to the child support.It was was 27,000 and he paid it down to 16,000 now its 40,000 My husband was never hiding out from anyone. He is not a dead beat dad. She was collecting welfare using the money for drugs and never took care of their child, her mother did. The County has put a BIG lein on our house for the interest. I believe this DEAD BEAT DAD LAW was not intended for a situation like this he was not able to work because of a drug addiction and homlessness. Can anyone help or give us some advice on who to contact. Everyone at Revenue and Recovery will not listen or give us the time of day. By the way his son is living with us now and is 18,my husband is a productive member of society. This does not give him any kind of chance to progress and it will never get payed off at this rate. We have

no problem with paying the original amount as agreed

upon with the county. HELP SOMEONE THANKS

ps is there any law protecting my share of our property?


Asked on 2/20/00, 5:44 am

2 Answers from Attorneys
Michael Gray Barber & Gray, LLP

Re: Interest an Back Child Support

The law requires the D. A. to collect back support plus interest.

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Answered on 2/24/00, 2:52 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Interest an Back Child Support

There are two possibilities to help reduce the damage.

First: You can ask the DA to apply payments first to principal and then to interest. At the time the payments are applied first to interest and then to principal. The reduction of principal will reduce the amount of interest that is accruing each day. This will allow the debt to be paid more quickly than it would the other way.

Second: This is a long shot but you said that the children were with her mother and she was receiving AFDC payments. It is possible that she is guilty of welfare fraud. Although the statute of limitations on the welfare fraud may have run, you may be able to use this to get the DA to reduce the amount of support. You could argue that the aid was received fraudulently that he is not liable for reimbursement.

You should discuss the facts of you case with an attorney. The attorney can advise of your chances of reducing the amount for support dues.

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Answered on 2/25/00, 12:48 am


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