Forgiveness of Interest – Alabama Child Support

The divorce lawyers in Alabama had a quick conversation online today about the forgiveness of interest on child support. I thought you might be interested in hearing more about it.

You’ll find it at Ala. Code § 30-3-6.1. It offers a tiny hope to NCPs (non-custodial parents) who feel buried by mounting interest on their delinquent child support. The application is extraordinarily narrow, but it may be helpful in some circumstances. Here’s the text of the statute:

§ 30-3-6.1. Child support interest rebate

(a) Notwithstanding any other provision of law regarding post-judgment interest, the parent responsible for making child support payments who has been delinquent in making the payments may petition the court that entered the order for child support or the appropriate court pursuant to Sections 30-3A-101 to 30-3A-906, inclusive, for a rebate of interest when any of the following conditions have been met:

(1) The parent has paid the past due amount and has paid the current child support payments for 12 months before petitioning the court.

(2) The parent has entered into a repayment agreement, has made all payments on the agreement for at least 12 months, and has paid the current child support payments for 12 months before petitioning the court.

(b) Before a court may order a rebate of interest, each party to whom interest is owed must agree in writing to the rebate of interest and the amount of interest rebated. A court of competent jurisdiction may re-instate the interest rebated upon a subsequent finding of contempt of court for failure to pay child support.

(c) This section shall apply to all child support orders entered before and after August 1, 2004.

That section (b) is the kicker, huh?

3 comments

  1. jan says:

    Thanks I never heard of it before yesterday. I was told to go to the place and fill out the paperwork for the interest to be rebated. I thought it just meant it would be waived.

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