Asked 1/14/2010
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Any new Texas laws regarding forgiveness of interest/arreage for orders dated pre-1990 Any new legislation regarding interest / arrearage forgiveness for withholding orders prior to 1990? Have a withholding order that had regular child support and arrears to be garnished. In mid to late 90's, Texas attrny general got new system to calculate interest that essentially double what I originally owned and had paid down. Now past 10 years, while my check gets garnished every week for childsupport or interest whatever it is now, my principal balance maybe shrinks $2-$5 dollar per year. I had an original back child support of ~$25k (100/mo) was allotted to back/arrears until the year 2004; Then all of it ~400/month is now going to arrears, but the balance never goes down.......What are my options. The child is 30 years old I have been paying religiously for the past 20 years and not reduction in balance. Last time attryn. general sent stmt (about 3 yrs. ago) the balance was $30k. |
Answer 1/1 - Submitted 1/15/2010
According to exas Family Code (157.261), th state of Yexas allows for interest to be charged on missed support payments. Interest accures on the delinquent child suppot at the rate of 6% simple interest per year from the date support is delinquent. Payment considered delinquent if not received before the 32 st day after payment due date. Texas also allows interest to be charged on retroactive support. Interest accures from the date the court is rendered at the rate of 6% simple interest per year. TX STATUTE OF LIMITATIONS ON BACK CHILD SUPPORT PAYMENTS ( ARREARS) ARE OWED,THE COURT RETAINS JURISDICTION TO TAKE ENFORCEMENT ACTION UNTIL THE ARREARS ARE PAID IN FULL.
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