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All arrears are not created alike

Posted by Haleh Rashidi | Apr 05, 2017 | 0 Comments

One mistake that parties, attorneys, and courts alike make is with regards to arrears. In family law, whether it is dissolution or not, how the arrears are written, has huge ramifications. This could affect:

  • Enforceability;
  • Dischargeability in bankruptcy;
  • Its order of preference in collections;
  • Department of Child Support's willingness to enforce;
  • Availability of interest on the balance;
  • etc.

These issues (more importantly, mishandling of these issues) could end up costing litigants 10s of thousands of dollars. Therefore, it is important to understand the rules at the outset or at the time the issues are being settled. Add to that recent limitations imposed by courts (such as the Sabine case), and the settlement that could have been the end of it all, could simply be a costly mistake with years of litigation to follow.

Whether you think you have it all handled or not, have our office take a look at your final settlement to make sure you are not missing a costly mistake. A few hundred dollars now could save tens of thousands later.

About the Author

Haleh Rashidi

Haleh's career as a family law attorney started in the chambers of the Honorable Elizabeth Sichel, Riverside County Superior Court Family Law Judge. Working for Judge Sichel gave her invaluable experience and insight into how judges decide cases and hence how to win a case.


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