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For child support penalties - any amounts of child support…

For child support penalties -...
For child support penalties - any amounts of child support specified in notice of delinquency that remains unpaid for more than 30 days after the notice - .. ...
Is the penalty applied only to the principal per month or the entire amount per month? Then is that penalty then added onto the principal? Just need clarification on child support penalties.
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5/25/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
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Interest accrues on the principal, at a rate of 10% per year per CCP below:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=685.010.

Per FC 4722 penalties can also be attached, but no interest on penalties per the CCP 685.010-only on principal:

4722.

(a) Any person with a court order for child support, the payments on which are more than 30 days in arrears, may file and then serve a notice of delinquency, as described in this chapter.

(b) Except as provided in Section 4726, and subject to Section 4727, any amount of child support specified in a notice of delinquency that remains unpaid for more than 30 days after the notice of delinquency has been filed and served shall incur a penalty of 6 percent of the delinquent payment for each month that it remains unpaid, up to a maximum of 72 percent of the unpaid balance due.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4722.&lawCode=FAM

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Customer reply replied 1 year ago
But does that delinquent payment include interest? if I owe $10,000 + interest. Is the penalty on the whole amount of principal and interest?
Customer reply replied 1 year ago
Also - if the child support penalties are applied on the 3rd of the month, does this mean, it needs to be paid/postmarked by the 2nd in order to avoid the next month penalties?

The penalty is on the principal. The statute references "child support" and does not include "interest" or "penalty".

The 30 days runs from the date of the notice; so the date of the notice would be controlling.

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Customer reply replied 1 year ago
Ok, so on the bills - it shows charges of the 3rd of the Month. So - if the check is sent/postmarked the 2nd or before, will that avoid another penalty accrual? Thanks!
Customer reply replied 1 year ago
lets say it is 6% interest penalty - .. it would be 6% applied to the principal per month?
THanks!
Customer reply replied 1 year ago
Also - is there interest charged on the penalty?

Generally the payment must be received by the due date;

and yes, the interest penalty is applied to the principal.

No, interest is not charged on the penalty.

Code 4722 allowws for penalties to be paid on the child support which would be the base amount.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.

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Customer reply replied 1 year ago
I guess the question is. Since it is already in arrears. When is the due date. The penalty amount has been applied on the 3rd of each month. So does this mean the due date would be the 2nd ?
Customer reply replied 1 year ago
I mean, the last day to pay?

Normally the order will state when the payment is due-it is typically due on the first of the month however there is no hard and fast rule to that effect; The date the penalty is applied does not determine the due date-as usually there is a few day processing period so presumably the due date is the first.

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Customer reply replied 1 year ago
Since we have missed the May 1st due date so if we pay now, will we avoid the june penalty?

If the due date is the first, then yes that would avoid an additional penalty.

If this is throught the division of child support services, all this information can be accessed online (due date, amount, etc):
http://www.childsup.ca.gov/

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Customer reply replied 1 year ago
Sorry - just to clarify - you said the penalty will be applied to the principal - so therefore the following month it will be applied the 10 percent interest as the interest is applied to the principal. Now the new principal has the penalty included.

Yes, that would be correct-the penalty is applied to the principal, not the interest.

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