Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that while the court has the power to vacate interest, incarceration is not a justification for waiving arrears interest. The court generally will only waive interest in the case of health issues preventing payment, but the courts do not have much sympathy on people who could not pay due to incarceration and not filing the motion to freeze the payments. This would be a very hard sell to the court if the other parent is not agreeing to freezing the arrears I am sorry to say and the courts rarely do so.