control of arrears?

[californiamom3]

You may also consider it from this point of view. Lets say you forgive 20K like you are considering to get him off your back for awhile. What's to say he won't let it rest for a little while then come back at you again? It worked the first time so why not try it again? What would he have to lose? So in other words this is not going to get him to back off, he will try it again. It sounds like he doesn't care what he has to do to get out of giving you money. I'd tell him to pound sand.

In light of some new information, not only will he be pounding sand on this issue, he might be doing some jail time soon.
I appreciate all of your legal and personal advice.

 

[IrishLady47]

Not legal advice, but since you are negotiating. If I recall, CA has fairly high rate of interest on CS arrears. Personally, I'd be willing to forgive any interest in excess of cost-of-living.

 

[LdiJ]

Not legal advice, but since you are negotiating. If I recall, CA has fairly high rate of interest on CS arrears. Personally, I'd be willing to forgive any interest in excess of cost-of-living.

I don't know how much that would influence this particular dad. At only 100.00 a month going towards arrearages its clear that his interest isn't even being covered, which is why the arrearages are still going up.

He is paying 100.00 a month towards arrearages. That's 1200.00 a year. 1200.00 a year is about 1.7% a year on the principal. There is no way that interest on child support could even remotely be that low, therefore his principal is simply increasing every year. Even cost of living would likely be more than the about 1.7% of the arrears that he is currently paying.

Even if she fully forgave ALL of the arrearages, that would only save him 100.00 a month at this point. That might help his credit score, but it wouldn't do him much good beyond that.

 

[EnforceSupport]

I don't know how much that would influence this particular dad. At only 100.00 a month going towards arrearages its clear that his interest isn't even being covered, which is why the arrearages are still going up.

He is paying 100.00 a month towards arrearages. That's 1200.00 a year. 1200.00 a year is about 1.7% a year on the principal. There is no way that interest on child support could even remotely be that low, therefore his principal is simply increasing every year. Even cost of living would likely be more than the about 1.7% of the arrears that he is currently paying.

Even if she fully forgave ALL of the arrearages, that would only save him 100.00 a month at this point. That might help his credit score, but it wouldn't do him much good beyond that.

Not quite.

Effective 1/2009, per CCP 695.221, support payments are first applied toward principal, then interest. (In my opinion, a repugnant change to the law.)

(I know, I said a few days ago I wasn't posting again on this thread.)

 

[CourtClerk]

If I recall, CA has fairly high rate of interest on CS arrears.

It's the same amount of interest on all civil judgments...

10% per year.

 

[Astrolink]

If I were to forgive $20K out of $67K, I'd make it the last $20K. It gives little incentive to give it off the top, but could be very motivating if were the last $20K.

 

[EnforceSupport]

If I were to forgive $20K out of $67K, I'd make it the last $20K. It gives little incentive to give it off the top, but could be very motivating if were the last $20K.

Very good advice.