Understanding Revival, Contempt, and Interest
Finding out that child support has gone unpaid for
years does not necessarily mean the money is lost forever. Georgia law provides
several ways to enforce child support obligations, but the available options
depend on when the judgment was entered and whether it has become dormant.
When Can Older Child Support Be Collected?
For child support judgments entered on or after July
1, 1997, dormancy generally is not an issue. Those judgments remain enforceable
regardless of how much time has passed.
For judgments entered before July 1, 1997, however,
older unpaid installments may have become dormant if they were not enforced
within the required time period. In many cases, those installments must first
be revived before collection efforts can continue.
Because every missed payment is treated as a separate
judgment, some unpaid installments may still be enforceable even if others
require revival.
Is Contempt Always Available?
Contempt is one of the most common ways to enforce
child support orders, but it is not always available.
For newer child support judgments, a contempt action
can generally proceed without additional steps.
For older judgments that may have become dormant, the
court may first require the judgment, or specific unpaid installments, to be
revived before contempt can be used as an enforcement tool.
Understanding whether revival is necessary can help
avoid unnecessary delays during enforcement proceedings.
Does Unpaid Child Support Earn Interest?
Yes. Georgia law provides that past-due child support
generally accrues interest at a rate of 7% per year beginning 30 days after
each payment becomes due.
However, courts have discretion to reduce or waive
some or all of that interest after considering factors such as the reason for
nonpayment, whether paying interest would create substantial hardship, and the
effect on the obligor's ability to continue making current support payments.
Key Takeaways
Old child support is often still collectible although
years have passed. Depending on when the judgment was entered, parents may
still have options to recover unpaid support, revive older judgments when
necessary, and seek interest on past-due amounts.
Because these rules can be complex, it is best to contact an
experienced Georgia family law attorney to discuss the most effective
strategy for enforcing or responding to a child support claim.