Yes. A Georgia judge may apply, reduce, or waive interest on past-due support, but only after considering four factors set out in the interest statute.
What the Statute Says
OCGA 7-4-12.1(a), as quoted by the Court of Appeals in McCarthy v. Ashment, 353 Ga. App. 270 (2019), provides that “[t]he court shall have discretion in applying or waiving past due interest.” In deciding “whether to apply, waive, or reduce the amount of interest owed,” the court must consider whether (1) there was good cause for the nonpayment, (2) paying the interest would cause the payer “substantial and unreasonable hardship,” (3) applying or waiving it would help or hurt the payer’s ability to keep up with current child support, and (4) a waiver or reduction would cause the person owed the interest “substantial and unreasonable hardship.”
Alimony Too
The factors are written in terms of child support, but in Saint-Albin v. Eubanks, No. A25A0218 (Ga. App. 2025), the Court of Appeals held that the statute reaches all domestic relations money awards, not just child support. There, a trial court added $5,694.83 in interest to a former husband’s contempt order for unpaid alimony, a lump sum, and the children’s expenses, without indicating that it knew it could waive or reduce the interest or had considered the factors. The interest award was vacated and the case sent back for the court to consider them.
The Factors in Practice
By contrast, in McCarthy, the trial court made findings about both parties’ finances and recognized its discretion before ordering a father to pay interest on unpaid child support and attorney fees. It also deferred some of the interest payments until the youngest child aged out of support. The Court of Appeals affirmed.
So the court must consider the factors, whether the arrears are child support or alimony.
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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!