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paying interest, not child support

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karri1

Junior Member
What is the name of your state? CA

My husband was seperated 4 months when we met. 2 kids, age 9 & 7. He was on workman comp and ordered to pay 25% of his wages, he did this with no question. then, the workman comp ended, he got a settlement, 25% went to CS. His ex was not collecting the money he was paying in, she was on welfare and his money was paying the county back, plus 10% interest. During some rough times, which we had already been married by that time, he was still paying the same dollar amount. It was $400 something, but his income wasn't that high, so I paid the bills, which included this. We moved out of the area, we still paid. I convinced him to drive back down the 8 hour drive and go to a meeting with the judge and explain the situation. The judge changed the order to $100 per month. But....all of this goes to interest. By this time, the kids were in their early-mid teens and ex was still on welfare, had another baby by someone else and we had the girls just about 50% or more of each year. One day, we moved back closer to be by the girls. Momma flipped out (too many drugs, too many abusive boyfriends and girls too much out of control. The girls really disrupted her life of being a druggy, you know, being MIA for days as they raised their baby sister, etc)

One day, momma called screamming and yelling (normal for her) that if we did not take these kids and take over custody, she was going to do something serious. The LEAST serious thing she talked about was throwing them in juvenile hall. We immediately took them in (and they HATED me) and my husband got sole custody, not requesting any child support from her.

Ok, now the girls are 21 and 19. We are still paying the $100. the interest alone each month is about $127, so the balance due just keeps getting higher and higher, all going to the county.

Is there a reason for this? It is up to $18,500 now. The kids are grown, mom have up custody years ago. He has $50 taken out of his paycheck each week automatically (at his request), they get any state tax refunds we would get (but I do file the injured spouse, so not exactly all of it). They've done a surprise attack of taking the balance away from our checking account before any checks cleared, boy, that was a hard one to deal with.

But, is it possible, in CA, to have a judge write off any of this interest, lower the 10% maybe so the $100 at least covers it and the balance stops going up and up? The county is getting all the money, back support, interest. The kids are adults, we supported them, while paying CS since they were about 11 and 13. It doesn't seem fair to me.
 


S

seniorjudge

Guest
You can try to get the interest rate lowered on the arrearages and what was paid by the state, but I cannot offer you much hope.

Talk to the CS people first to see if that is ever done. (I wouldn't necessarily believe everything you hear from them; but try first.)

Then have a lawyer file a motion with the court to either forgive some of the arrearages/payback to state OR lower the interest rate OR both.
 

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