Legal Question in Family Law in California

why do the courts help my ex wife ruin me?

In July of 1996 I was orderted to pay $4,600.00 in child support arrearages, at the rate of $100.00 per month, each payment was due on the 5th of each month and the entire balance would become due if any payment was more than ten days late, and would accrue interest at 10%. The entire balance was paid off some time in 2000, Now some 8 years later my ex has discovered that in October of 1996 I didn't make the payment untill fifteen days after the 5th , all other payments were made on time , and I in fact overpaid by approximately $750.00.. The Court is now going to enforce the interest charges and I am being ordered to pay interest accrued through July of 2004, on arrearages that I paid in full over two years ago. At the time in 1996 my ex had no problem with that one payment being 5 days over the due date, is it right that I have to pay this interest now? They say I owe her almost $1,000.00.


Asked on 7/30/04, 6:43 am

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: why do the courts help my ex wife ruin me?

If you over paid by $750 and they say you owe $1,000 the diference is $250. If that will settle the matter your cheapest way out is to pay it. By law interest accrues at 10% per annum on the arrears. Thus unless she was waiving interest if you piad on time, the amount you owe would be minimal. Take your documents and court order to an attorney and have it reviewed. Depending upon the number of documents you have this process will take an hour or more.

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Answered on 7/30/04, 10:34 pm


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