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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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divorce lawyer Daren NeelQuestion:

I was ordered to pay back child support at a 12% interest rate. Is there a way to have the child support arrearage interest rate reduced or reviewed?

It is on my credit report and makes it harder for me to get a job because employers think I am a "deadbeat dad" when that is not the case.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky divorce laws where I am licensed to practice.

With regard to lowering the interest rate, that might depend on what was actually ordered when the court found that you had an arrearage. If the court awarded a common law judgment with a 12% interest rate, it is arguable that the court has lost jurisdiction to modify that award.

However, if the court did not reduce the award to a judgment and simply found an arrearage and ordered you to pay it in addition to your child support, the it may be arguable that the court could modify the interest attached to the arrearage. 

I will note, however, that if you are not paying regularly on the arrearage, the court will have little motivation to change the interest rate. If, on the other hand, you are diligently paying your current child support and paying toward your arrearage each time you make a child support payment, then the court might be willing to reduce the interest. 

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The outcome of the above would highly depend on the laws of your jurisdiction, the judge presiding in your case, and, of course, whether you are diligently paying both your regular child support payment and toward the arrearage.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Louisville Divorce Lawyer Daren C. Neel, contact Cordell & Cordell.


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written by Ron Geis, January 30, 2013
Guys, I am dealing with a dead beat mother. She won't pay her child support and I have had her in court twice now this coming Monday. If I refuse to enter into payment arrangements with her and force the judge to mandate something can I ask for interest on her arrears? She has not paid a dime since last June 26th when we last went to court for contempt, nor prior to that after the divorce. The courts do not do a thing to her and I am thinking its my fault for trusting her and entering into payment agreements with her.

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