Legal Question in Family Law in California
Notice of Motion to Set Arrears
I was told about a form called Notice of Motion to Set Arrears by a Child Collection Support Officer, yesterday. Please discribe the circumstances where filing a Notice of Motion to Set Arrears would benefit me. I have paid all of my child support and about 1/2 the interest, but still face years of payments. Is there any hope?
2 Answers from Attorneys
Re: Notice of Motion to Set Arrears
the form is available at accesslaw. You should be able to access this website by typing in accesslaw and then searching. At accesslaw scroll down to th selection of forms by area. then scroll down to the section for family law support. the form is available at no cost, and can be read with adobe acrobat reader, which is available free.
Re: Notice of Motion to Set Arrears
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, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
So-called "Legal Interest" is assessed as a matter of law. There is no way (that I know of) to get around it, unless the payee parent (or DCSS) can be pursuaded to waive some of the principle retroactively and then apply your past payments to the interest. The form that you refer to is to request for an administrative hearing to determine or verify the amount of your arrears (and perhaps to establish a reasonable monthly payment for liquidating it).
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.