How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Alabama
Alabama child support arrears survive the child turning 19, cannot be reduced retroactively and are presumed satisfied after 10 years only if the presumption is not rebutted. A court can rebate interest, not principal, in limited cases.
Do child support arrears expire in Alabama?
Alabama law presumes a judgment satisfied after 10 years (Ala. Code 6-9-191), but the presumption is rebuttable and a judgment can be revived (Ala. Code 6-9-182). In Hardy v. Johnson, 245 So. 3d 617 (Ala. Civ. App.), the court held that evidence the father had not paid rebutted the presumption for support installments more than 10 years old, and treated the mother’s counterclaim for the arrearage as a request to revive them. Do not assume old arrears are gone; ask an attorney about revival.
| Question | Alabama rule |
|---|---|
| Past-due installments | Cannot be modified back; only installments after the filing of a petition can change (Rule 32(A)(3)(a)) |
| Presumption of payment | A judgment is presumed satisfied after 10 years (Ala. Code 6-9-191), but the presumption can be rebutted |
| Revival | A judgment can be revived (Ala. Code 6-9-182) |
| After the child turns 19 | Arrears from minority and the interest on them can be enforced (Ala. Code 30-3-60) |
| Interest rebate | Possible only under Ala. Code 30-3-6.1, with written agreement of each person owed interest |
Can a judge forgive child support arrears in Alabama?
Past-due installments cannot be reduced after the fact. A child support order can change only as to installments accruing after the petition to modify is filed (Ala. R. Jud. Admin. 32(A)(3)(a)), and federal law bars retroactive modification of a past-due installment (42 U.S.C. 666(a)(9)). The way to limit a balance is to file to modify before the installments come due.
Can Alabama child support interest be forgiven?
Sometimes. A delinquent parent may petition for a rebate of interest if he or she has paid the past-due amount and current support for 12 months, or has made all payments on a repayment agreement for at least 12 months and paid current support for 12 months. Before the court can order it, each party to whom interest is owed must agree in writing to the rebate and its amount (Ala. Code 30-3-6.1; Department of Human Resources instructions). The rebate statute reaches interest only; the unpaid installments themselves stay owed.
Do arrears survive after the child turns 19?
Yes. Alabama’s withholding statute defines support to include arrearage that accrued during the child’s minority, including its enforcement after majority, and the interest that has accrued or continues to accrue on it (Ala. Code 30-3-60). Ending the obligation looks forward only; see the Alabama child support end date calculator.
What is the difference between arrears and retroactive support?
Alabama also provides a civil action for an order of retroactive support (Ala. Code 30-3-110) for a period before an order existed, which is different from collecting arrears under an existing order.
What should you do about a large balance?
Get an official statement of the balance, compare it with the Alabama child support arrears calculator, and ask an attorney about a repayment agreement and the interest rebate. If your circumstances changed, file to modify the order right away, because only later installments can change.
Frequently asked questions
Do Alabama child support arrears expire?
Alabama presumes a judgment satisfied after 10 years, but the presumption is rebuttable and a judgment can be revived, so old arrears may still be collectible.
Can a judge forgive child support arrears in Alabama?
Past-due installments cannot be modified retroactively; only interest can be rebated, in the limited cases Ala. Code 30-3-6.1 allows.
Can Alabama child support interest be forgiven?
Yes, but only through a court-ordered rebate after the past-due amount and 12 months of current support are paid, with each person owed interest agreeing in writing.
Do arrears survive after a child turns 19 in Alabama?
Yes. Arrears that accrued during minority can still be enforced afterward, with the interest on them.
How do I stop arrears from growing in Alabama?
File a petition to modify promptly; only installments after the filing date can change.
Official sources
- Ala. Code 8-8-10: interest on money judgments
- Ala. Code 8-8-11: application of partial payments
- Ala. Code 30-3-6.1: rebate of interest on delinquent child support
- Ala. Code 30-3-60: definitions, including post-majority enforcement of arrearages
- Alabama Department of Human Resources: interest rates on child support judgments
- 42 U.S.C. 666(a)(9): support installments are judgments
- Rule 32, Alabama Rules of Judicial Administration
- Department of Human Resources: child support interest rebate instructions
- Ala. Code 6-9-191: presumption of satisfaction of a judgment
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.