Per CCP Section 685.010, Interest on Child Support and Spousal Support Judgments Accrues at Ten Percent Per Annum From the Date Each Installment is Due
Interest runs from the due date of each monthly payment (or if the order requires payment on the first and fifteenth day of the month, from those dates). So, imagine an order on January 1, 2010 at $200/month. Nothing is paid. The support recipient files a motion on December 23, 2016, seeking all unpaid child or spousal support plus interest @ 10%. The interest they are entitled to must be calculated from the date each installment was due. This would be seven years at $2,400 per year, or $16,800. But the interest at 10% is not on the entire $16,800; it has to be separately calculated on the oldest months to the most recent. This is why family law attorneys must use programs like the Xspouse Executioner, which automatically figures out the interest. If you are seeking a support order and interest, you need to print out the Executioner math and attach it to your application!
CALIFORNIA FAMILY CODE
DEFINITIONS OF WHEN 10% INTEREST BEGINS ON UNPAID SUPPORT ORDERS
Family Code Section 155
"Support order" means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. For the purposes of Section 685.020 of the Code of Civil Procedure, only the initial support order, whether temporary or final, whether or not the order is contained in a judgment, shall be considered an installment judgment. No support order or other order or notice issued, which sets forth the amount of support owed for prior periods of time or establishes a periodic payment to liquidate the support owed for prior periods, shall be considered a money judgment for purposes of subdivision (b) of Section 685.020 of the Code of Civil Procedure.
Testimonials & Endorsements
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“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
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I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
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“Very professional, honest, and handled everything without a hiccup.”
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“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
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“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
