I was legally separated in 11/1996. I was ordered to pay $542 spousal and $535 child. There was a wage garnishment started. In 04/1997, my EX went to Kern County Child Support Services and request to stop wage garnishment after her and I talked. I paid $1,077 every month after that, but in cash. She worked cleaning house all under the table (She has never paid taxes and made more money than I for 14 of the past 16 years. Make) and wanted cash. I did not think it would come back to haunt me. In 06/99, I was laid off from my job. I did not know I could have asked for modification. In 05/00, I begin working but for less money. My EX and I agreed that I will add her to my health plan, pay her car insurance, cell phone and give her $100 monthly. I honored it. In 07/01, our child turned 18. In 10/2010, I informed EX I was filing for divorce and marrying g-friend of 6 years. In 05/11, status only divorce was final. In 04/12 EX filed saying, I never paid anything since she stopped wage garnishment. I had wage garnishment of $2542 for back spousal/child arrears and interest. Now owe $220,000. No money for lawyer. I filed court papers and argued Defense of laches. In 07/12, court stopped spousal support payments, removed 10 years of spousal support payments under laches. However, he stated I still owed spousal from 05/2007 to 05/2012 and child support from 04/97 to 06/01. I have already paid $20,000 and still owe $60,000 more. This was all done because I filed for divorce and she lost her health benefits. I owe more in interest than principal after showing the few receipt that I could find over the 16-year period. Remember no banks have records after 7-years and I was too dumb to give her checks, but if I did, I would not have been to get anything from bank. After all this my question is (I do believe that the judge knows I paid and she is being vindictive) does the judge have the power to remove interest payments in the fairness of justice and if he does then what case law can I present or what can I say to help convince him to remove interest. My next court date is 03/04/13

It depends on the state laws and judge's mood.Have a look here:
State Child Support Agencies with Debt Compromise Policies

" ... I paid $1,077 every month after that, but in cash. She worked cleaning house all under the table (She has never paid taxes and made more money than I for 14 of the past 16 years. make) and wanted cash...."

Too funny. Both of you intended to defraud Uncle Sam but, in all probability, she would have received tax refunds had she filed. The only persons profiting from this behavior on her part were her employers (who otherwise would have had to pay employment taxes).

Quote:

---

Originally Posted by GV70

It depends on the state laws and judge's mood.Have a look here:
State Child Support Agencies with Debt Compromise Policies

---

This only applies if the money is owed to the State. Otherwise federal law prohibits a judge to change it unless there was something wrong with it in the first place.

To answer the question, the judge can, but don't expect him to.

Next sorry, you paid cash and did not think it was going to be a problem. Honestly you did not really believe that ? This happens all the time, but then it always happens to the "other guy"
You can try and prove the payments by getting copies of her bank recordss, if you can prove it was happening over last few years the court may believe it was the other years

You are right, I could not believe it when I wrote that I paid her cash. I should have knew this would come back to hurt me, but I was stupid. I read and hear about these war stories everyday and now I am one of them. However, I do believe that the Judge believes me (I know this sound lame) because of things he has said in court and I did get 10-years remove under Defense of laches. I presented enougth physical evidence (receipt) and commend sense evidence that I believe if I had one case that I could refer to then the Judge would grant my request. Is there any case that you know of that a Judge removed interest and just set an arrears anount. Thank you