There are several reasons why an Alabama parent would forgive back child support. If the parent who owes the support is self employed, unemployed or judgment proof, child support is virtually impossible to collect. In some cases, the children live part-time with the support-paying parent, or the support-paying parent keeps the family home in good condition or keeps the family car running. Whatever the reason, when a recipient of payments wants to forgive back child support arrears, the recipient can sign a release of judgment.
Refer to documents from your divorce or from the legal proceeding in which a judge ordered the payment of child support.
Copy the name of the Alabama superior court, the name of the parties, and the case number on a blank page or word processing file. Type a statement that says you are the judgment creditor for child support in the case and that you are partially releasing and satisfying the judgment. You may release the child support arrears as of a particular date or in a particular amount.
Sign the release of judgment in front of a Notary Public, and ask the Notary to acknowledge your signature on the document.
File the signed, notarized, original release with the Superior Court Clerk in the county where the judgment was entered.
Tips & Warnings
- Giving up back child support arrears may mean sacrificing a valuable asset. In Alabama, child support lasts until a child is 19 years old. A debtor cannot discharge a child support judgment in bankruptcy, and the state will assist with collection by withholding support payments from the debtor's paycheck and tax refunds. An Alabama child support judgment lasts 20 years before it expires, and as of July 2011, unpaid child support balances earn 12 percent interest per year.
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