Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Claim on Deceased Estate for Unpaid Child Support

    My question involves child support in the State of: California.
    I am an Australian helping an elderly divorcee who was owed alimony and child support dating back to the mid 1960s. The debtor died recently, and the lady (now an Australian resident) is seeking information on how to make a claim on his estate for the unpaid debt.
    I have some details of how to lodge a claim, but I believe I need to know the applicable interest rates from 1966 to now. I am willing to pay a fair fee for some minor assistance to lodge this claim. Can anyone tell me how to figure out the interest rates that apply? Also, does any statute of limitations prevent a claim in relation to a 1966 debt (none of which was ever paid) that has not been pursued until now?
    Thanks for any help.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,854

    Default Re: Claim on Deceased Estate for Unpaid Child Support

    Quote Quoting California Code of Civil Procedure
    685.010.
    (a) Interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied.

    (b) The Legislature reserves the right to change the rate of interest provided in subdivision (a) at any time to a rate of less than 10 percent per annum, regardless of the date of entry of the judgment or the date any obligation upon which the judgment is based was incurred. A change in the rate of interest may be made applicable only to the interest that accrues after the operative date of the statute that changes the rate.
    685.020.
    (a) Except as provided in subdivision (b), interest commences to accrue on a money judgment on the date of entry of the judgment.

    (b) Unless the judgment otherwise provides, if a money judgment is payable in installments, interest commences to accrue as to each installment on the date the installment becomes due.
    I would go with the 10% figure (pretty favorable these days) and let the estate argue it, if they choose.

  3. #3
    Join Date
    Mar 2009
    Location
    USA
    Posts
    8

    Default Re: Claim on Deceased Estate for Unpaid Child Support

    The last poster was correct - the interest in Californina - the state in my opinion with the biggest cojonas - is 10%. Lucky for your friend! Some states have as little as 1%, some none at all. The first thing which must be done is to confirm that the judgment has not been dismissed after so long. Administratively it should be gone by now but as we know - things don't always go as they should. Then I agree that you can let the court figure it out for you but I believe in preparing your best case so I would have you to do some HW. First things first tho'. Confirm the judgment.
    Cheers!

    1. Sponsored Links
       

Similar Threads

  1. Obtaining Copy of Claim of Unpaid Child Support
    By rhollan in forum Child Support
    Replies: 1
    Last Post: 06-29-2011, 08:39 AM
  2. Unpaid Child Support
    By roadrunner69 in forum Child Support
    Replies: 1
    Last Post: 04-01-2011, 12:22 PM
  3. What Can I Do About Unpaid Child Support
    By kaya in forum Child Support
    Replies: 2
    Last Post: 09-23-2009, 11:04 AM
  4. Support Arrears: Collection Of Child Support Arrearage From Deceased Parent's IRA's
    By tickedmom in forum Child Support
    Replies: 1
    Last Post: 05-14-2007, 06:41 PM
  5. Child Support Unpaid
    By spyder2200 in forum Child Support
    Replies: 6
    Last Post: 12-14-2006, 07:29 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document