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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114760
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I AM A NON CUSTODIAL PARENT IN THE STATE OF VA. MY CHILD LIVES

Customer Question

I AM A NON CUSTODIAL PARENT IN THE STATE OF VA. MY CHILD LIVES IN NC. THERE WERE SEVERAL YEARS THAT I WAS UNEMPLOYEED AND I DID NOT HAVE THE PAYMENT AMOUNT ADJUSTED AND THE ORGINAL AMOUNT WAS SEVERAL THOUSAND DOLLARS PER MONTH FOR ONE CHILD. I HAVE SINCE HAD IT ADJUSTED AND PAY 990 PER MONTH. however THE STATE OF VIRGINIA CHARGES ME INTEREST ON THE AMOUNT AND IT EQUALS AMOLST WHAT I PAY PER MONTH. MY CURRENT BALANCE IS 77k. CAN I ASK FOR FORGIVNESS ON THE INTEREST? THERE IS NO ACTUAL MONEY BEING HELD SO THE CHARGES ARE FOR WHAT? THEY ARE NOT HOLDING A NOTE OF ANY TYPE. nc DOES NOT RECOGNIZE THE INTEREST. WHO AM I OBLIGATED TO AT THE END OF THE CHILD SUPPORT?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you did not file your motion to modify in a timely manner, you can file a motion for waiver or reduction of the arrears, but I am afraid that these reductions are not frequently granted by the court. The charges are for interest on court ordered judgments, which is what child support is considered. You are obligated actually to the mother to pay the arrears and the state acts as a collection agency for the mother and collects interest and principal on the judgment.
You would need an attorney to file this in VA to seek to get the interest reduced or removed and the court can agree to reduce or remove the interest and penalties for child support arrears.
Customer: replied 1 year ago.
How can you collect interest on money that in fact is not a loan or no one is accountable for actually holding it? It is a paper amount not a real amount.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You are looking at this the wrong way. Interest is not only for loans, under VA law, interest is available for court ordered judgments as well and also interest is allowed for past due child support. I understand your frustration with it, but Virginia law requires interest to accrue “on all support payments collected by the
Department." See: Code of Virginia § 63.2-1952.

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