McClellan

McClellan v. County of San Diego Department of Child Support Services

Good Law
130 Cal. App. 4th 247·2005 Cal. App. LEXIS 962·2005 Daily Journal DAR 7035·30 Cal. Rptr. 3d 5·2005 Cal. Daily Op. Serv. 5171
Court of Appeal of CaliforniaMay 25, 2005No. D044442California4,625 words

Opinion

lead Opinion

Irion, J.

Ronald McClellan (Ronald) appeals the superior court’s denial of his application for an order directing the County of San Diego Department of Child Support Services (County) to omit certain accrued interest from its calculation of his unpaid child support arrearages. Ronald disputes the legal effect of a December 1994 order that determined child support arrearages as of that date and established periodic payments to liquidate the arrearages. Ronald contends that no further interest should have accrued on the arrearages that were the subject of the December 1994 order. The superior court denied the relief sought by Ronald. We affirm.

I. STATUTORY FRAMEWORK

Code of Civil Procedure section 685.020 contains the basic rule for calculating postjudgment interest:

Further, Code of Civil Procedure section 685.010, subdivision (a) establishes that “[ijnterest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied” (Italics added.)

*251 Delinquent child support payments accrue postjudgment interest under the rules applicable to installment judgments. “Statutory interest on unpaid child support payments accrues as a matter of…

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