Spousal Support and Interest Charges

[chandni2003]

What is the name of your state? VIRGINIA

I am in arrears on spousal support (lost my job, new job pays less than half what I made before--judge only reduced spousal support $300). I am up to date on child support payments.

The DCSE in Virginia is charging me interest. Nowhere in the code of VA or on the DCSE website do I see that they can charge interest on Spousal Support, only on child support. Can the DCSE charge interest on Spousal Support arrears?

Please adviseWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state? VIRGINIA

I am in arrears on spousal support (lost my job, new job pays less than half what I made before--judge only reduced spousal support $300). I am up to date on child support payments.

The DCSE in Virginia is charging me interest. Nowhere in the code of VA or on the DCSE website do I see that they can charge interest on Spousal Support, only on child support. Can the DCSE charge interest on Spousal Support arrears?

Please adviseWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Unless there's a law specifically saying that they cannot, then yes - they can charge interest.

 

[EnforceSupport]

Take a look at these two Virginia statutes which govern, at least in part, the accrual of interest (post-J interest can't accrue unless statutorily authorized). There are a few cases on these statutes. It seems like waiver may be available to the creditor, but, I haven't really researched any of this.

§ 6.2-302. Judgment rate of interest.
§ 20-78.2. Attorneys' fees and interest on support arrearage.

 

[mistoffolees]

Take a look at these two Virginia statutes which govern, at least in part, the accrual of interest (post-J interest can't accrue unless statutorily authorized). There are a few cases on these statutes. It seems like waiver may be available to the creditor, but, I haven't really researched any of this.

§ 6.2-302. Judgment rate of interest.
§ 20-78.2. Attorneys' fees and interest on support arrearage.

Specifically:
The entry of an order or decree of support for a spouse or for support and maintenance of a child under the provisions of this chapter or §§ 20-107.1 through 20-109 shall constitute a final judgment for any sum or sums in arrears. This order shall also include an amount for interest on the arrearage at the judgment interest rate as established by § 6.1-330.54 unless the obligee, in a writing submitted to the court, waives the collection of interest; and may include reasonable attorneys' fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.

As I read that, the order MUST include interest at the statutory rate.
The statutory rate is 6% in VA.