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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16369
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Can the child support payer take the child support receiver

Customer Question

Can the child support payer take the child support receiver to court to stop payments because he is paying the interest of over $64,000.00?
Submitted: 1 year ago.
Category: Family Law
Expert:  retireddebra replied 1 year ago.

I need your province and then the basic facts.

Please in particular explain why interest is being paid.

Customer: replied 1 year ago.
I'm in Colorado, he's in California. Can you answer my question since you're in Canada?
Customer: replied 1 year ago.
He was court ordered to pay back child support plus interest.He's been paying for 18 years now but, still owes over $64,000.00. He pays $300.00 per month for 2 kids.
Expert:  retireddebra replied 1 year ago.

This question is on the wrong list. I will ask the site to move this to the US family Law list.

Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

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Can you tell me what state the order was in and how old the children are? Thanks.

Expert:  Legalease replied 1 year ago.

Hello there --


Unfortunately you ended up in our Canadian site talking to the Canadian Legalease. I am the US Legalease if you are seeking to have your questions answered. To answer your above questions regarding child support and arrear amounts that are comprised of mostly interest, the court will not reduce his current child support payments unless he can show some kind of substantial hardship (he suddenly becomes disabled or something like that) and the court will not reduce the interest payments unless he can show definitively that there was some kind of miscalculation on the interest amount. In other words, I beleive you are fine here no matter whether he takes the matter into court or not and even after the children turn 18 and the regular child support runs out, if he still owes interest he will be forced to continue to pay that interest to you until it is paid in full -- even if the kids are in their 30's. That is the way it works and do not let him try to think it is anything else.


Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so that I will be paid for my time tonight? I am paid nothing unless you press a positive rating (we are paid only on positive ratings and JA keeps the payment as profit if you leave without rating or you press a negative rating). THANK YOU VERY MUCH