Legal Question in Credit and Debt Law in Virginia
I have a case with division of child support enforcement , since 2002 .My ex -wife filled a affidavit stating child support only notorized and turned into DCSE in 2002 ,I paid my support payment along with arrears payments and the original affidavit stated $12,475.53 in june of 2009 I received a letter stating they where placing a lien on my property for $8,179.00 and I stated the amount is incorrect which it is by far , upon review of the original affidavit I realized my ex-wife put in her own interest at 9 % compounded I requested a administrative hearing inwhich the hearing office asked the dcse rep about the interest and she responded that it was not there policy of proceedure to allot anyone to add there own interest prior to tunring it in to there department ,then a few months later she sents me this payment history showing $2103.50 in interest charges prior to the date it was turned into to DCSE and I asked her how is she allowed to retro -actively charge interest so she sends me this paper with virginia section code 63.2-1951 stating this is the law that allows for them to do this . Is this legal without a judgement ? and Can they legally do this , when the affidavit was a false statement becuase it contained interest and was not child support arrears only as my ex wife claims ?
1 Answer from Attorneys
Section 63.1-1951 has nothing to do with permitting a private payee to add her own interest calculations at 9%APR into the rate which DCSE may charge for support payments which it actually collects and to which it may assess an interest of the standard judgment rate of 6%, and therefore you should've gone forward with the DCSE administrative hearing to contest the matter.
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