Is Interest on California Child Support Arrearages Legal?

Question from RC, Is Interest on California Child Support Arrearages Legal?

Answer from AI:

Yes, the interest charged on child support arrearages in California is legal. California law mandates that unpaid child support accrues interest at a rate of 10% per year. This interest is automatically added to the unpaid balance and continues to accumulate until the arrearages are paid in full.

Can Interest on Child Support Arrearages Be Vacated or Dismissed?

In general, interest on child support arrearages cannot be vacated or dismissed. However, there are some limited circumstances under which you might be able to reduce or eliminate the interest:

1. **Compromise of Arrears Program (COAP)**: California offers a program where eligible parents can negotiate a reduction in the amount of arrears owed, including interest. This program is typically available to parents who can demonstrate financial hardship.

2. **Court Order**: In some cases, a court may have the discretion to modify or reduce the interest if there are compelling reasons. However, this is rare and usually requires strong evidence of unfairness or error in the original calculation.

3. **Settlement Agreement**: Sometimes, the custodial parent may agree to waive the interest as part of a settlement agreement. This would need to be approved by the court.

Steps to Address Child Support Arrearages and Interest

If you believe that the interest on your child support arrearages is incorrect or unfair, you can take the following steps:

1. **Review Your Case**: Obtain a detailed statement of your child support account from the California Department of Child Support Services (DCSS) to understand how the arrearages and interest were calculated.
2. **File a Motion**: If you believe there is an error, you can file a motion with the court to review and potentially correct the arrearages and interest. This may require legal assistance.
3. **Apply for COAP**: If you qualify, apply for the Compromise of Arrears Program to negotiate a reduction in the amount owed.
4. **Seek Legal Advice**: Consult with a family law attorney who can provide personalized advice and represent you in court if necessary.

Jurisdictional Issues

Since your child support case involves multiple states (California and Montana), jurisdictional issues can complicate matters. Generally, the state that issued the original child support order retains jurisdiction over the case. However, if your son moved to live with you and you obtained a new child support order in Montana, you may need to address the jurisdictional conflict.

Resources and Legal Assistance

For more information and assistance, consider the following resources:

• California Department of Child Support Services
• California Courts Self-Help Center
• Legal Services Corporation for finding legal aid in your area

Note: This information is intended to provide a general understanding of the legal issues involved. For personalized legal advice, it is crucial to consult with a qualified attorney who can address the specifics of your case.