Do Child Support Arrears Ever Go Away?

Child support arrears are past-due support payments. They are among the hardest debts to escape.

Why arrears stick

• Each missed payment is a judgment. Federal law requires states to treat each unpaid installment as a judgment by operation of law that cannot be retroactively modified (42 U.S.C. 666(a)(9)). A court can reduce future payments after a modification request, but not payments already due.
• Bankruptcy does not erase them. Domestic support obligations, including child support, are not dischargeable (11 U.S.C. 523(a)(5)). In Chapter 13, they generally must be paid in full through the plan.
• Time limits are long or absent. Many states allow collection for many years after the child becomes an adult, and some have no limit at all.
• Interest may be added under state law.

Does it go away when the child turns 18?

The ongoing support obligation usually ends at emancipation, but arrears do not. Collection continues, often with the same payment amount applied to the arrears.

Who receives the arrears?

Usually the parent who was owed support. If the family received public assistance, part of the arrears may be owed to the state as reimbursement.

Ways arrears can be reduced

• Agreement with the other parent. In many states, the parent owed can agree to forgive or settle arrears owed to them, typically with court approval.
• State compromise programs. Some states offer to reduce state-owed arrears or interest in exchange for consistent payments.
• Correcting errors. If payments were not credited or the order was miscalculated, ask the agency for an audit.
• Credit for direct payments, in limited cases with proof.

Collection tools

Wage withholding can take a larger share of pay for support than for ordinary debts, up to 50% to 65% of disposable earnings depending on the circumstances (15 U.S.C. 1673(b)). See what happens when child support is not paid.

What to do

• If you owe, file for modification immediately when your income drops, and pay what you can.
• If you are owed, contact your state child support agency or a family lawyer about enforcement.

Sources

1. Cornell Law School LII: 42 U.S.C. 666(a)(9), Legal treatment of past-due support
2. Cornell Law School LII: 11 U.S.C. 523(a)(5), Exceptions to discharge, domestic support obligations
3. Cornell Law School LII: 15 U.S.C. 1673(b), Restriction on garnishment for support orders