Legal Question in Credit and Debt Law in Virginia

I owed arrears in child support ,total arrears from 6-29-1991 - 6-15-2002 ,The amount od arrears is $5,472.81 exactly .My ex wife turned in a amount of $11,675.00 with her interest added at a rate of 9 % per year .DCSE excepted this amount as is .From 1991 - 2002 the only order that was in effect was to pay child support $100.00 per week she had my wages garnished in 1992 at which point she moved to a different state and didnt re file in the state she moved to .During this time period each year she added 9% interest on any unpaid support and added it to the yearly total of arrears and each year compounded the interest .On 6-15-2002 she turned in papers to DCSE claiming arrears in child support of $11,675.00 .My question is if no previous order directed her to add interest is she allowed to do that .In 2002 when DCSE came after me I had to sign a agreement to pay 9 % on arrears annually . If you take actuall child support arrears it comes to $5,472.81 and if you add a annual interest charge of 9 % at the same time each year on arrears owed at that time it comes to $7,900.00 and some change . What is the legal amount of interest she is allowed to add before turning the arrears in to DCSE with a order or judgement ? And if she is allowed how is this calculated .


Asked on 10/02/09, 9:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, your ex wife cannot add interest to the arrearages for the years 1992-2002 if there was no valid order in effect during this time period requiring the payment of such interest. And you should take this discrepancy up with the DCSE district office which is now handling the matter.

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Answered on 10/07/09, 10:28 pm


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