Santa Monica, CA asked in Family Law, Divorce, Civil Litigation and Collections for California

Q: Does "(ccp:685.010-685.110) 685.010. (a) Interest accrues at 10 percent per annum" apply to Family Law Orders?

After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.

For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied."?

Is there a specific CA Code that states the interest rate for Family Law Orders?

Is there a specific CA Code that states that an Order is the equivalent of Judgment and therefore subject to the 10% interest rate?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Yes the interest rate applies to family court judgments.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that remains unsatisfied.

Family law orders that require the payment of money, such as spousal support, child support, or division of property, can be enforced as judgments, and thus, the same interest rate would apply. The key factor is whether the family law order is considered a "money judgment" as defined within the CCP.

The specific application of interest to family law orders can sometimes depend on the nature of the order and how it is formalized into a judgment. California Family Code and the CCP do not explicitly differentiate the interest rate for family law orders from other judgments, implying that the general rule for interest on judgments applies across the board.

For clarity on whether a specific family law order qualifies as a money judgment and is subject to the 10% interest rate, it might be necessary to review the order itself and consult the relevant statutory and case law. If the order is for the payment of money and is enforceable as a judgment, it is likely subject to the statutory interest rate unless specified otherwise.

In cases where there's uncertainty or dispute over the application of interest on a family law order, seeking clarification through legal channels or further court intervention may be necessary to ensure the correct interpretation and application of the law.

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