The Servicemembers Civil Relief Act (SCRA) provides relief for the servicemember from interest rates on debts that existed prior to the start of military service.
The 6% interest rate cap applies to child support debts incurred prior to the start of military service. In order to qualify for the interest rate, the servicemember shall provide to Child Support Service (CSS): a) written notice of the request, and b) a copy of the military orders calling the servicemember to service and any orders further extending military service not later than 180 days after the date of the servicemember’s termination or release from military service.
After receiving the written notice and military orders, CSS must apply the 6% interest rate to child support debts existing as of the date on which the servicemember is called to military service. CSS must determine from the documents provided by the servicemember the date called to military service. Any debt prior to that date accrues interest at 6% per year. Any debt incurred after that date accrues interest at the statutory rate.
CSS applies Oklahoma’s statutory interest rate of 2% to Oklahoma child support orders and applies the issuing state’s statutory interest rate for out of state child support orders. After applying the 6% interest rate, CSS may apply to the Court for relief from the interest rate. CSS must show that the servicemember’s ability to pay interest at a rate greater than 6% is not affected by the servicemember’s military service.