Legal Question in Credit and Debt Law in Alabama

My husband has a child support case that is now an arrears-only debt. The principle balance is about $20,000, but with interest the total debt is over $40,000. He wants to apply for a loan of $6,000 - $10,000 to offer her a cash settlement to forgive the debt. His credit is showing this this delinquent debt, but the only other thing there is a $500 medical bill, other than that, he has no credit. So my question is what would be the best route to take to obtain a loan at the lowest possible interest rate? Thank you for your help.


Asked on 3/19/10, 4:54 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Hold on. She (mother) can't negotiate the "debt". The money owed is owed pursuant to a court order, and your husband is going to have to go back to court and get a judge to approve and order any kind of settlement you make. THis is not something that he and she can simply do without the court's order. You've got to get the court to order this. Don't make a side deal with mom. She does not have the authority to forgive or reduce anything (I am assuming this is court ordered child support.)

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Answered on 3/25/10, 5:43 am


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