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Interest on Past Due Child Support
資料來源 Lawyers.com
Because divorce is a matter of state law, whether interest on past due child support is allowed and how it is calculated depends on the state.
Most states charge interest on past due child support. The amount of interest you can collect varies by state. Most states have a fixed annual interest rate, often 10% or higher. A few states have a monthly interest rate and a few allow the court to determine an interest rate.
States that charge interest typically begin its accrual on the day the relevant child support payment is due and not paid.
Is Interest Mandatory?
In some states, the interest is mandatory and the court automatically imposes it. In many states, it is up to you to decide if you want interest to be imposed on past due child support. Because the interest owed can become very large over time, this is sometimes useful in negotiating a settlement.
Often you can't collect interest on past due child support payments you have already accepted. For example if a payment is a week late you can't accept it and then get interest for the time it was late.
Collecting the Interest Due
The most common way to collect past due child support is go to court to seek child support which has not been paid. You will receive a judgment for the support owed, which includes interest on the amount which has not been paid on time.
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support and interest is taken directly out of the nonpaying parent's paycheck each pay period.
If the nonpaying parent has property or other assets, these can be taken to pay the past due child support and interest.
It is also possible to put a lien on the nonpaying parent's real estate so he or she won't be able to sell the property without paying the overdue child support.
If the nonpaying parent is at least three months behind in child support payments, the Federal Tax Offset Program allows you to take the nonpaying parent's federal income tax refund to pay the past due child support and interest.
The statute of limitations on past due child support varies by state, with 10 or 20 years being the most common. As long as you are within the time allowed by the statute of limitations, you can bring an action for past due child support even if the child is now an adult.
Waiving Interest Due
This depends on the state. In some states interest is mandatory. In most states it isn't mandatory, so the custodial parent can waive interest on past due child support.
Interest on Past Due Child Support
資料來源 Lawyers.com
Because divorce is a matter of state law, whether interest on past due child support is allowed and how it is calculated depends on the state.
Most states charge interest on past due child support. The amount of interest you can collect varies by state. Most states have a fixed annual interest rate, often 10% or higher. A few states have a monthly interest rate and a few allow the court to determine an interest rate.
States that charge interest typically begin its accrual on the day the relevant child support payment is due and not paid.
Is Interest Mandatory?
In some states, the interest is mandatory and the court automatically imposes it. In many states, it is up to you to decide if you want interest to be imposed on past due child support. Because the interest owed can become very large over time, this is sometimes useful in negotiating a settlement.
Often you can't collect interest on past due child support payments you have already accepted. For example if a payment is a week late you can't accept it and then get interest for the time it was late.
Collecting the Interest Due
The most common way to collect past due child support is go to court to seek child support which has not been paid. You will receive a judgment for the support owed, which includes interest on the amount which has not been paid on time.
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support and interest is taken directly out of the nonpaying parent's paycheck each pay period.
If the nonpaying parent has property or other assets, these can be taken to pay the past due child support and interest.
It is also possible to put a lien on the nonpaying parent's real estate so he or she won't be able to sell the property without paying the overdue child support.
If the nonpaying parent is at least three months behind in child support payments, the Federal Tax Offset Program allows you to take the nonpaying parent's federal income tax refund to pay the past due child support and interest.
The statute of limitations on past due child support varies by state, with 10 or 20 years being the most common. As long as you are within the time allowed by the statute of limitations, you can bring an action for past due child support even if the child is now an adult.
Waiving Interest Due
This depends on the state. In some states interest is mandatory. In most states it isn't mandatory, so the custodial parent can waive interest on past due child support.
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