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  1. #1
    Join Date
    Mar 2006
    Location
    california
    Posts
    3

    Default Sanctions classified as child support

    about 14 years ago I was sanctioned after a 2 day trial on custody issues 2/3 of my ex-wife's attorney's fees. The sanction was classified as child support.

    Our daughter just turned 18 and will be out of high school in a couple of months so child support will stop but the arrears will still have to be paid.

    I have been paying my regular child support per court order but even though I have been paying what I can afford towards the sanction, the amount I owe each month in interest is above the monthly support plus sanction amount. Therefore, even though I am paying the court ordered amount, I am not reducing the principal at all and the amount keeps going highter and higher. Right now the sanction plus interest (excluding my monthly obligation which I have been meeting) is over $150,000.00 and rising.

    Is there a cap on how high this can go? If there was, and the interest would stop, I could see reducing the amount each month and eventually paying it off. As it stands now, the nut gets bigger each month with no way to stop it.

    Any help re this issue would be appreciated.

    Thanks,

    Gasparre

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    You should consult a lawyer about possible remedies, or how you might be able to negotiate a payoff. I don't need to tell you this, but that's way out of control.

  3. #3
    Join Date
    Mar 2006
    Location
    california
    Posts
    3

    Default sanctions as child support

    Thanks for taking the time to respond.
    I am researching this as we speak. As far as working something out...that's not likely considering the mindset of the other party.

    Remember, the amount we are talking about here is not arrearages on missed child support. I'm current in that regard. The amount is the sanction plus interest.

    Just as an aside, after a 4 year stable custody arrangement (an exact 50/50 timeshare at 15 days each per month) my ex told me she was going to remarry and move away with our daughter.

    Not wanting to become a visitor after being completely involved and hands on in our daughter's life, I fought the move away and lost.

    Here we are years later and I am stuck with this debt and the ex is no longer married to the guy.

    I moved myself to be nearer to our daughter and at least I have been able to maintain a great relationship with her.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    I'm at a bit of a loss as to what you have to do to get a sanction of that size. Was it an attorney fee award? Also, if it is not child support, why is it apparently being enforced as if it is child support instead of as a separate judgment debt?

    If it truly isn't child support, and worst comes to worst, it may be dischargeable in bankruptcy.

  5. #5
    Join Date
    Mar 2006
    Location
    california
    Posts
    3

    Default sanctions as child support

    For reasons I thought wise at the time I did not show up for the second day of a two day trial at which I was acting as my own attorney.

    Since I did not attend I got hammered and the judge levied 2/3 of my ex's attorney's fees (about 65,000) on me as a sanction and classified the sanction as child support. These many years later plus interest and here we are.

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