Q: Can interest on child support arrearages be forgiven?
Currently, the interest alone is $15,000, the arrearage amount is $18,000 and is being paid down monthly. Also, I am disabled and wheelchair bound, unable to work do to my injuries and collecting SSD benefits.
A:
Your support order should have the disclosures required by Va. Code 20-60.3.
There should be a paragraph that says something along the following: "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest;"
So, the obligee can waive interest in a writing submitted to the court.
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