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SBA rules · SOP 50 10 8.1

Can I get an SBA loan if I am behind on child support?

A business cannot receive loan proceeds if any principal holding 50 percent or more of the ownership or voting interest is delinquent more than 60 days on child support, but the SOP does not expressly bar owners below that threshold.

Quoted from SBA SOP 50 10 8.1Every quote checked word for word

In detail

  • Disbursement restriction: Prior to disbursement, the Borrower and Operating Company must certify that no principal who holds at least 50 percent of the ownership or voting interest is delinquent more than 60 days under the terms of any administrative order, court order, or repayment agreement requiring payment of child support.
  • Minority owners and shorter delinquencies: The certification rule specifically applies to principals holding 50 percent or more of the ownership or voting interest; the SOP's rules do not state an outright bar for principals owning less than 50 percent or for delinquencies that do not exceed 60 days.
  • Credit evaluation: Lenders are permitted to obtain and consider information concerning child support in evaluating financial resources and program eligibility under Equal Credit Opportunity Act special-purpose credit program rules.

The source

What the SOP says

“No principal who holds at least 50 percent of the ownership or voting interest of the Borrower or OC is delinquent more than 60 days under the terms of any administrative order; court order; or repayment agreement requiring payment of child support;
SOP 50 10 8.1, Chapter 6: SBA Terms and Conditions through Disbursement for all 7(a) Loans > Borrower Certifications: (lines 3005-3019)✓ Verified
“This regulation stipulates that information pertaining to the Applicant’s marital status, sources of personal income, alimony, child support, and spouse’s financial resources can be obtained and considered in determining program eligibility.
SOP 50 10 8.1, Chapter 1: Primary Applicant Eligibility Requirements (lines 321-326)✓ Verified

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Related reading

This page quotes the SBA's Standard Operating Procedure 50 10 8.1. Lenders can ask for more than the SBA minimum. It is general information, not a loan approval or legal advice.