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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92595
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i owe 11042.00 but thay are chargeing me 9663.93 interest can

Customer Question

i owe 11042.00 but thay are chargeing me 9663.93 interest can thay do that
Submitted: 1 year ago.
Category: Legal
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.

Can you please explain what is going on here? Is there some type of contract you have entered into to pay this money? Is there interest specified in the contract? Please give us more information on what is happening in your case.
Customer: replied 1 year ago.

in2000 child support took me to court for 49,000 the order was 650 a month for 5 year it is 2013 and i still owe 11042.00 principal and 9663.00 interest total 20706.00 thay just tell me to talk to other party to stop child support but she refuse wants the money

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification.

This is a big problem for you I am afraid. When there is a child support order and there is non-payment of support, child support enforcement agency is allowed to charge interest on all arrears. The reason is that had the money been paid on time, no interest would be due, but since it was not paid when due judicial interest is allowed to accumulate by law and that is the interest that is being added to your balance. The only way to get out of this interest I am afraid is going to the court and making a motion to waive interest and prove some significant financial hardship and argue to the court that based on this hardship the interest should be waived or reduced and only the court has the power to do this.


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Customer: replied 1 year ago.

i have been paying the 650.00 a month as of 2000 is there a law thay can only take it for 5 year

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I understand that you have been paying, but there were arrears before you started paying and I am afraid the interest builds on those arrears and interest on arrears has no limitation to going back only five years (there is no such law to that regard).
Customer: replied 1 year ago.

what are other way i can get out of this i have payed in over 85,000 chid support my son will be 29 year old

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

This is something that we are frequently asked by parents owing child support. I am afraid this is not something that has many ways to "get out of" legally. Other than the court ordering waiver of interest or your ex agreeing there is only one other possible way out, bankruptcy.

Child support interest may be discharged in bankruptcy, if you qualify for filing bankruptcy. Child support itself cannot be discharged, but interest and penalties may be discharged by bankruptcy and would have to be filed as an adversary action in the federal district court to have it approved based on the significant financial circumstances in your bankruptcy.

Aside from these three options there are no other ways out I am afraid.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92595
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

question; if the other party sign a waiver of interest but wants to keep the principal how can it be done

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

The party agreeing to waive interest but not principle would write up a statement specifying that intent and sign it in the presence of a notary and two independent witnesses. You would attach this agreement to a motion to waive interest and penalties only and submit it to the court and the court will make sure this is being done willfully and will enter it as an order of the court.

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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law