Legal Question in Family Law in California

Interest on Child Support Judgments

My husband was notified in January 1992 that interest would begin accruing at that time on any past due support payments. We have now discovered that El Dorado County D.A. went back to the date of the original order for support (2/1980) and added interest from that date forward, including on Air Force allotment payments and wage assignment payments. Do we have some recourse regarding this? We feel we have overpaid child support by about $9,000.00 because of the interest payments.


Asked on 4/12/01, 7:20 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Interest on Child Support Judgments

If you do not have an accounting of how the interest was calculated you need to get that accounting. Interest is simple interest only and you cannot be charged interest on interest. Payments that you made are applied first to the ongoing support order, second to the interest and third to the past due amount. If you have the accounting from El Dorado County and wish me to review it, I would charge $95, including the telephone call to explain the accounting to you and advise you of your best recourse. You may call my office at 1-800-6-4MYKIDS to make arrangements for me to review the documents, they may be faxed to me for review and I will then call you. Good Luck

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Answered on 6/14/01, 10:43 am


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