Legal Question in Family Law in Utah
Interest on Child Support Arrears
My question is in regard to interest on child support arrears. My order originated in the state of Washington, which does not charge interest on arrears. However, I moved to California shortly after my divorce, and they have been charging me interest--a considerable amount of interest--The interest alone is more than half of what I owe in back support...
My question is, if I move to another state that does not charge interest on arrears, how will that work? Will I be obligated to pay the interest California is charging me? If the state where my order came from does not charge interest, does the state of California just "pocket" that interest?
Will I be obligated to pay the state of California all that interest up until the point I move to a state that does not charge interest, or will they keep charging me interest even though I live in another state and will be paying my support to the state of Washington where the order originated?
If I move to the state of Utah, how will this be handled? Does Utah charge interest on arrears?
I'd appreciate any info that may help.
Thank you
1 Answer from Attorneys
Re: Interest on Child Support Arrears
I assume that there is some good reason why you do not pay your court ordered suppport. If you are making regular payments then you might be able to negotiate a settlement with the State of California regarding the interest and amount of payments.
Rather than moving to Utah, you should move back to where your children are so you can parent them. You may also want to go back to court to amend the amount of support if it is simply impossible to pay your obligation. Most states, California and Utah included, have schedules which calculate the amount of support based on the parents' income. If there are changed circumstances since the divorce you can get a change in the child support. Nevertheless, you are going to be responsible for assisting in the support of your children until they are at least 18 and/or you have paid the amount awarded by the court. Instead of running away from this obligation and your parenting obligation to your children, return to Washington and try to get some sort of settlement so you can afford to make current payments and some payment on the arrearage. (Plus you can see your kids. They would like that.)
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