Legal Question in Family Law in California

Re: interest on spousal support

Yes you can claim Interest as your ex husband is witholding your money , the money which was due to you .The holding over by your husband is illegal and unjustified. The rate of interest depends on the bank rate of landing or what is in usages, customary rate of interst.

Re: interest on spousal support

Small claims definately does not have jurisdiction over family law matters, including spousal support arrears. You must file in the family court which made the last order regarding support.

Re: interest on spousal support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Interest on support arrearage is at the "legal rate" which currently is 10% You don't need to go to small claims court. All you will get there is a judgment against your ex. Presumably you already have a Judgment of Dissolution of Marriage. All you need to do is execute on that.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: interest on spousal support

California your are entitled to 10% simple interest on the child support arrears. However the best way to collect child support arrears is in family court and not small claims court, which may not have jurisdiction over unpaid child support.