# Interest on Late Child Support Payments

- Link: https://thechildsupporthustle.com/interest-on-late-child-support-payments/
- Published: 2024-05-06T14:23:33+00:00
- Author: MsRockMon

[⌊\"\"⌉](https://thechildsupporthustle.com/interest-on-late-child-support-payments/\"https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx\")

Kenya N. Rahmaan

 

Most people know that when we sign a credit contract, we agree to the terms and 
conditions related to that contract. We know that we are responsible for all costs
associated with that contract, such as interest and late fee penalties when the 
conditions are not honored. But how many know about the interest that parents must
pay when child support payments are late? According to the Consumer Financial Protection
Bureau (2013), a debt collector may not collect any interest or fee not authorized
by the agreement or law. People should wonder why the government can then charge
interest on parents who, more than likely, did not agree to the terms of the child
support order.

 

A large majority of child support orders have been granted against a defendant by
default judgments, usually resulting from the nonresidential parent missing a court
date. Plenty of parents are responsible for imputed payments established based on
imaginary income and possible future earning potential. When the defendants miss
these payments, 35 states attach interest to the debt. According to the National
Conference of State Legislatures or NCSL (2013), states may look at interest on 
child support arrears as both an incentive to encourage payments as well as a penalty
for those who do not make timely payments. The punishment of interest does little
to collect payments when unemployment is the reason for the nonpayment of support.

 

However, if there is no income, applying interest only guarantees more debt for 
the noncustodial parent and more potential revenues for the government. Interest
is costly depending on what state holds the child support order. There are a couple
of states that charge more moderate interest rates ranging from four and six percent.
However, interest rates increase to 10 and 12 percent in states like California 
and Colorado. Although scholars and government agencies have conducted many studies
on the minimal benefit of charging interest on an uncollectible child support debt,
California continues to apply interest to their parents with no hesitations.

 

A study conducted by the Urban Institute determined that the Sunshine State had 
an estimated $14.4 billion in child support arrears. According to the Urban Institute(
2003), in 2000, parent debtors would pay an estimated 843 million dollars towards
arrears and interest, or 6% of the $14.4 billion in the first year. The government
will not pay this money to the families that it is supposed to help. Over ten years,
parent debtors would pay $3.8 billion, or 26% of the original $14.4 billion of arrears
owed as of March 2000 (Urban Institute, 2003).

These startling statistics show that the state has not considered the damaging financial
repercussions charging more money for debt can have on an already suffering population.
In Oklahoma, its parents fare no better than parents charged interest on an imaginary
contract. According to the Oklahoma Department of Human Services or OKDHS (2010),
unpaid child support payments accruing under the Oklahoma order draw interest at
the rate of 10% per year from the date they become delinquent. Because there is 
no grace period before interest begins to accrue if a parent loses their job, the
state charges interest as soon as the first payment is late. The interest shall 
be collected in the same manner as the payment upon which the interest accrues (
OKDHS, 2010).

 

There is no consideration of past payment history when charging interest on child
support debt. The State of Colorado provides for interest on missed payments, retroactive
support, and adjudicated arrears (Support Collectors, 2014). High amounts of debt
such as this will never be excused or eliminated and will always require payment
from people who, in all likelihood, cannot afford the remittance or the debt. Since
cases are only mandated to be reviewed for modification every three years, the debt
only grows when a parent is unemployed and cannot afford the payments. It should
not, nor should it ever be, a crime to be poor in the United States.  [https://youtu.be/hmV4hK0YwhU](https://thechildsupporthustle.com/interest-on-late-child-support-payments/\"https://youtu.be/hmV4hK0YwhU\")

 

The current child support system has transformed a program designed to force men
who abandon their wives and children into providing for them into a billion-dollar
a year collection agency. The interest that the government is charging is a large
part of the arrears due that will ever reach a child’s pocket if, and when, it is
collected. Charging interest reiterates that the agencies are operating to keep 
citizens who happen to be parents indebted to the government for a lifetime.

 

References:

_Consumer Financial Protection Bureau (2013, December 11). Can a debt collector 
increase the interest rate on a debt I owe? > Consumer Financial Protection Bureau.
Retrieved March 12, 2014, from http://www.consumerfinance.gov/askcfpb/1417/can-debt-
collector-increase-interest-rate-debt-i-owe.html_

_National Conference of State Legislatures (2013, May). Interest on Child Support
Arrears. Retrieved March 12, 2014, from http://www.ncsl.org/research/human-services/
interest-on-child-support-arrears.aspx_

_Oklahoma Department of Human Services (2010, September 9). Form 03EN015E-Oklahoma
department of human services. Retrieved March 12, 2014, from http://www.okdhs.org/
NR/rdonlyres/5A680606-AE27-45FB-9D6C-830C16CB780F/0/03EN015E.pdf_

_Support Collectors (2014). Colorado child support | Colorado child support enforcement.
Retrieved March 12, 2014, from _

_The Urban Institute (2003, March). Examining child support arrears in California:
The Collectibility Study. Retrieved March 12, 2014, from _
