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Can I sue the state of cal child support for charging me Interest on arrears?
Anonymous2 views3 answers
I owe the state 65,000 for arrears on child support. the state is charging me interest on it. I want to know is that is legal since they are not chartered as a banking institution. As of a few days ago I owe them 104,000.00 according to them.
You don't have to be a banking institution to charge interest. Although I am not sure what to cite, I'm pretty sure there is a rule, regulation or law that provides for the interest.
Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
They're not required to be a "banking institution". The California Code of Civil Procedure sets interest on unpaid judgments at 10%. This was true when you incurred the obligation, by letting the California taxpayers support your children, instead of supporting them yourself.
They have a court order and interest runs on court orders. Read the California Constitution in Article 15. The rate of interest upon a judgment rendered in any court of this
State shall be set by the Legislature at not more than 10 percent
per annum. Such rate may be variable and based upon interest rates
charged by federal agencies or economic indicators, or both.
