Tag: appellate court decision

Can you get a post-judgment interest rate higher than the statutory rate?

Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? 

It’s true.  

While the court does not have the discretion to lower, stay, or waive statutory interest rate, it does have discretion to exceed statutory interest if equity so requires. 

Please don’t make me regret sharing this by asking for crazy amounts of interest now.  

A judgment for child support arrearages is a “judgment” within meaning of statute providing that, unless otherwise specified by contract, judgment shall bear interest at rate of 12% per annum; thus, custodial spouse is entitled to statutory rate of interest on the judgment until paid in full; although trial court may, in its discretion under divorce statute, raise statutory interest if equity so requires, court does not have the discretion to lower, stay, or waive interest. Utah Code Ann. §§15-1-4, 30-3-5(1). Stroud v. Stroud, 738 P.2d 649 (Utah Ct. App. 1987), judgment aff’d, 758 P.2d 905 (Utah 1988). Osguthorpe v. Osguthorpe, 804 P.2d 530 (Utah Ct. App. 1990). 

Interest accruing to wife on monies due from husband in property division in divorce judgment was at statutory rate, rather than the lower rate ordered by trial court. U.C.A.1953, 15-1-4. Marchant v. Marchant, 743 P.2d 199 (Utah Ct. App. 1987).  

A higher interest rate than statutorily allowed may be equitably imposed in divorce action under where, “under the circumstances, that award is reasonable,” and, second, that an increase of 2% over the statutory interest rate imposed on the amount not paid to the receiving party within six months was not an abuse of discretion. Pope v. Pope, 589 P.2d 752, 754 (Utah 1978). In divorce action, trial court did not err in ordering that if husband failed to pay wife specified sum of cash within six months of trial court’s order that such amount would bear interest at the rate of 10% per year. Pope v. Pope, 589 P.2d 752 (Utah 1978).  

Section 15-1-4 provides the “minimum interest allowable.” Id. (emphasis added). The statute “does not preclude a District Court, under [section 30-3-5] from imposing an interest rate of more than [the statutory postjudgment rate] where, under the circumstances, that award is reasonable and equitable.” Wadsworth v. Wadsworth, — P.3d —-, 2022 WL 130617, 2022 UT App 5 (citing Stroud v. Stroud, 738 P.2d 649, 650 (Utah Ct. App. 1987) (quoting Pope v. Pope, 589 P.2d 752, 754 (Utah 1978)).  

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