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When applying a 6% penalty to child support arrears on top…

When applying a 6% penalty...
When applying a 6% penalty to child support arrears on top of the 10% interest, does that penalty get applied towards the principal therefore subjecting it to interest?
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Answered in 8 minutes by:
5/27/2017
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under CA law, the interest applied and compounded annually on child support arrears included not only the principal of support owing, but all past increases in the debt due to both interest and any penalty applied by the court.

So in 2016 if a debt of $20,000 was increase $2000 by interest and another $1200 because of a 6% penalty, in 2017 when the amount is again ready to have the interest compounded, the full debt of $23,200 will be subject to the 10% annual interest.

Therefore, like any interest, the penalty as well is added to the principal for purposes of determining the annual interest to be added to the debt.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

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Customer reply replied 11 months ago
It is simple interest in california at 10 percent.

Hi,

No, it is not simple interest. Simple interest is as a rule computed and compounded daily. Under CA law, the interest applied to child support arrears is 10% interest, compounded annually.

In technical terms, it is:

10 percent per annum, with interest accrual beginning the first day of the month following either the day the installment is due or from the date of entry of judgment.

You may reply to me using the Reply link and I will be happy to continue to assist you until I can address your concerns, to your satisfaction.

Please remember to rate my service to you by clicking on the rating stars on your screen so that I can be compensated for helping you. I am not an employee of the site and I am only paid when you rate my service to you. There is no cost to you related to your rating my service to you. Thank you in advance.

I wish you and yours well in 2017,

Doug

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Hi,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
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Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

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LawTalk
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Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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