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?

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5 thoughts on “Forgiveness of Interest – Alabama Child Support”

  1. 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.

    1. I have been through every situation with my ex. This does not mean that it has to be paid off before you file for reliefe.(If that’s what you call it). This means that she has to sign a paper saying that she does not want the money and she wants it taken off what you owe. So bottom line is. If she does not agree 100% AND SHE WILL NOT GO TO COURT AND SAY SHE DOESNT WANT THE MONEY THEN THEY WILL NOT TAKE OFF ONE PENNY OF NTEREST THAT YOU OWE. My sone is 25 years old and I have been paying for a long time. I have paid all child support and all back child support and I have a zero balance but because the state charges so much interest,every time they took money from my check every week only six dollars came off the ttal because the interest was so high that it added up and I was paying 631.00 month for one child. I owe nothing but interest and I applied for this and basically got a letter saying that she said no and it was over. There should be a few people in the state going to jail for robbing poor people is what it should be. I pay 250.00 a month in back INTEREST and it will be 6 years and seven months befor I am free from the chains of the state.

      This link is a joke. They lead the man to believe that he can have interest on back child support taken off. But in reality you cant do it. She can. But it has nothing to do with you. If you file and the woman says no I want the interest because that’s more money for me. Then its over and the paperwork is dropped and you get nothing taken off. So in all reality all that has to be done is the woman has to go to the courts and tell them that she doesn’t want the money. Like that will happen. Don’t waist your time unless you are 100% sure that she will agree to drop it. because that’s the only way it gets dropped is if she signs the paper work saying she doesn’t want the money and wants it taken off what you owe.

      1. If you had paid on time and not gotten behind you wouldn’t be owing so much interest.

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