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My ca smith/ostler child support order accrues interest at 10% when late. Is that every day its late?

Tustin, CA |

My smith/ostler child support check was sent to me on time but was post dated (which I was told post dating a check is illegal to do in California) for the last day I could receive it before 10% interest accrues, it will not clear bank for nine days, being 7 business days due to the check amount being so large. Does it start accruing interest every day after the date on court order?

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Attorney answers 1


It is hard to answer your question without knowing exactly what the order states. Generally, the court orders interest at the legal rate of 10% per annum (year) from the date that the installment payment was due. I have seen orders that provide a grace period, and if not paid within the grace period, then the 10% starts accruing. Again, it depends on the specific language of your order.

This is a general response to your question based on the facts provided. This response is for information only and does not constitute legal advice. This communication does not constitute, nor does it create, an attorney-client relationship