Q: Can interest be assigned to child support arrears?
In 2009 my ex was ordered to pay me child support for our daughter. She didn't have a job so her income was imputed at the state minimum wage at the time. I have never went back to court to have it modified because she doesn't pay it now and still doesn't have a job so I didn't think we had a change in circumstance to be allowed to do so. The dept of Revenue has (barely) enforced the order for the past 9 years. She either has no job, refuses to get a job, or gets one temporarily and once child support is collected quits. I was told that I can request that interest be charged on the principle amount of arrears of support she owes at an annual rate. Is this true? If so how do I get that ordered and will the interest start when request or be calculated from the time the payment was due and not made and also who will get the interest? Me or the Dept of revenue since they are enforcing my case? I do not nor have I ever received public assistance of any kind (foodstamps, medicaid, ect)
A: You must return to court and have the arrearage reduced to a judgment. From that point forward it will accrue interest at the statutory rate.
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