• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

inflated enforcement of out of state order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

towguytoo

Junior Member
What is the name of your state? ca. i have a support order issued in Colorado which is in arrears and has been registered for enforcement here. Colorado does not charge and has not ordered interest to be paid on the arrears, and shows my balance at $5300.00. However the local enforcement unit IS chargeing me interest and even though I have been paying both the current amount and the amount Colorado told me to pay towards arrears my balance according to Calif has gone up to $8020.00. Isnt adding non ordered interest considered "modification" of the order? and what proceedure or forms do i need to file to get them to follow the Colorado order?
 


towguytoo said:
What is the name of your state? ca. i have a support order issued in Colorado which is in arrears and has been registered for enforcement here. Colorado does not charge and has not ordered interest to be paid on the arrears, and shows my balance at $5300.00. However the local enforcement unit IS chargeing me interest and even though I have been paying both the current amount and the amount Colorado told me to pay towards arrears my balance according to Calif has gone up to $8020.00. Isnt adding non ordered interest considered "modification" of the order? and what proceedure or forms do i need to file to get them to follow the Colorado order?
I would think that the State that has been ordered to enforce the order would use their states method of enforcement...In California one of the enforcement tools is to add interest to the overdue amount...I think this would fall along the lines of when in Rhome do as the Romans....Colorado is not enforcing the order, California is, so it would be up to California to determine their enforcement measures… Interest on arrearages is not a modification; it is a penalty (like a late fee for paying your car payment late) JMO…Hopefully someone from California can pipe in here...
 

rmet4nzkx

Senior Member
Do you think the state enforcing the order and processing the funds has no cost to do so and not entitled to collect their share? If you took a loan for $5300 wouldn't there be interest?
 

towguytoo

Junior Member
but the Uniform Interstate Family Support Act says that the enforcing state must enforce the order but cant change it, and Colorado tells me that they have not ordered interest. Also California codes state the the laws and rules of the issuing state are to be followed in the enforcement. As for California getting paid for the enforcement, the federal government pays them based on the success rate of collections made. Can anyone tell me what the proceedure is or what forms i need to fill out to get this thing to court whether i am right or wrong?
thanks
 

Silverplum

Senior Member
towguytoo said:
but the Uniform Interstate Family Support Act says that the enforcing state must enforce the order but cant change it, and Colorado tells me that they have not ordered interest. Also California codes state the the laws and rules of the issuing state are to be followed in the enforcement. As for California getting paid for the enforcement, the federal government pays them based on the success rate of collections made. Can anyone tell me what the proceedure is or what forms i need to fill out to get this thing to court whether i am right or wrong?
thanks
You weren't too interested in getting to court when your support obligation was due and past due and past-past due, were ya? :rolleyes: :eek:

Here's CO CSE Enforcement Remedies page:
https://childsupport.state.co.us/parent/enforcementRemediesIndex.jsp

Another CO CS info page:
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=CO

And that's about all I've got for ya.
 

Gracie3787

Senior Member
rmet4nzkx said:
Do you think the state enforcing the order and processing the funds has no cost to do so and not entitled to collect their share? If you took a loan for $5300 wouldn't there be interest?
Wow, I didn't know that Ca. keeps the interest charged. I know in Fl and Ga all interest gets paid to the CP.
 
I just spoke to child support this morning in this great state of Florida and she said that Florida does not charge interest???

What gives???
 

Neal1421

Senior Member
Preciousluve886 said:
I just spoke to child support this morning in this great state of Florida and she said that Florida does not charge interest???

What gives???
Start a new thread.
 

fairisfair

Senior Member
Neal1421 said:
Start a new thread.
I thought the same thing, but then noticed that the post above references interest in florida. I am still shaking my head in confusion about the comment of the state keeping the interest charged on arrears, I know for a fact that my state does not keep this money, but pays it out to the family, anybody else??
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top