A payee of child support filed a class action against the NJ probation department on its failure to charge post-judgment interest on child support arrears. In Lerro v NJ Department of Family Development, Office of Child Support Services (App. Div. 2011), the Court held she did not have standing (was not an appropriate class of person) both on a federal or state basis to sue on this issue because she was not the intended beneficiary of the federal requirement to calculate interest periodically.
It is my experience that post judgment interest is generally not added to child support arrears, though I feel it would be more fair to do so.
Gabrielle L. Strich, Esq.
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