Unpaid child support in Georgia accrues interest at 7 percent per year, beginning 30 days after each missed payment was due, and no separate judgment is required to collect it.
What the Statute Says
The rate is set by OCGA 7-4-12.1(a), quoted by the Court of Appeals in McCarthy v. Ashment, 353 Ga. App. 270 (2019): awards under Title 19 “shall accrue interest at the rate of 7 percent per annum commencing 30 days from the date such award, court order, decree, or judgment is entered or an installment payment is due.” The same subsection says it is not necessary “to reduce any such award to judgment in order to recover such interest,” and gives the court discretion to apply, waive, or reduce past-due interest after considering four listed factors.
Interest Accrues Automatically
In Reid v. Reid, 232 Ga. App. 304 (1998), the Court of Appeals held that interest accrues on each missed installment as a matter of right, even on older arrears. Likewise, in Dial v. Adkins, 265 Ga. App. 650 (2004), a mother who had already won a contempt order for over $26,000 in past-due support was allowed to come back later for $38,329 in accrued interest.
The Rate Used to Be 12 Percent
In Johnson v. Collins, 354 Ga. App. 589 (2020), a 1997 decree was revived in 2019 and the trial court applied 12 percent. The Court of Appeals held that the 7 percent rate applies to any case still pending on or after January 1, 2007.
The Court Must Consider the Factors
In Claybrooks v. Claybrooks, 364 Ga. App. 157 (2022), an award of $1,024 in interest was vacated because the trial court did not consider the statutory factors first. Once fixed by an order, though, interest cannot be taken back: in Jones v. Jones, 298 Ga. 762 (2016), the Georgia Supreme Court held that a later order eliminating $35,897.76 in interest already awarded was in error.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!