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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-09-2019, 10:01 AM
OB1 OB1 is offline
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How does the court calculate interest. Since my ex and I havenít settled our affairs in years her lawyer is asking for substantial amount of interest attached to the settlement.
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Old 07-09-2019, 10:05 AM
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I may be wrong but from what I understand, interest is not paid on a matter that is currently before the court.
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Old 07-09-2019, 10:09 AM
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Thanks for the reply. Iím hoping ur right although her lawyer is asking for it in a case conference brief they prepared. I welcome anyone elseís input as this can be more than the settlement offer.
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Old 07-09-2019, 10:16 AM
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Lawyer can ask for anything they want. Doesnít mean they will get it. If the delay is your fault or you refused to follow the law or agreement then there might be an argument for applying it (and it would push a party to settle to avoid it) but if the delay on paying it is because of the court process I have a hard time seeing a judge order interest because of the courts fault.
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Old 07-09-2019, 10:56 AM
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The delay is because sheís keeps on asking more. In 2016 we had agreed in front of a mediator, then she takes it to her lawyer and changed it all. I have yet to receive those changes. Only reason I know of them my daughter sent me a copy. Somehow she managed to get a copy. The brief says sheís hasnít been able to purse it because she doesnít have the funds to pay her lawyer.
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Old 07-09-2019, 11:55 AM
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Judges can assign prejudgement or post-judgement interest (or both). My understanding is that there is a specified rate, or the judge can of course assign a rate.

How many years has this remained unsettled? I find it hard to believe that prejudgement interest could exceed the settlement unless you have been stalling for decades.
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Old 07-09-2019, 01:42 PM
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I hate to say it - itís almost been 15 years. I have attempted many times to settle but she keeps on stalling. I thought I had settled in 2016 when we went to a mediator. She was supposed to have her lawyer draw up a separation agreement and then submitted to me. That never happened. Recently I seen a form 17a she drew up about 1.5 years ago. She basically doubled what we had agreed on.

Her reason for not pursuing is she has no money to pay her legal fees At least thatís what that brief says. She has no idea I seen the brief.
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Old 07-09-2019, 02:33 PM
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Have you been paying any support at all?
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Old 07-09-2019, 03:23 PM
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Iíve been paying child support all along. The last year Iíve continued it even tough my son dropped out of school (heís 18) and my daughter graduated (sheís 23). I donít plan to stop that anytime soon since she can use the money
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Old 07-09-2019, 03:25 PM
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In the mediation report that she agreed on but never went through with she asked for 200 a month SS for one year. Iíve given her more that that Iím extra support. Now apparently she wants 400 a year for 3 years which I have no issues with. Itís the large sum she wants. In the 300 +

Last edited by OB1; 07-09-2019 at 03:33 PM.
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