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What Are Child Support Arrears?
Child support arrears (also called "arrearages" or "back child support") are the total amount of past-due child support that a parent has failed to pay. When a parent misses payments or pays less than the court-ordered amount, the unpaid balance becomes arrears. As of 2026, approximately $114 billion in child support arrears is owed nationwide, affecting millions of families.
Arrears are a legal debt that does not disappear when the child turns 18. Unlike current child support obligations that end when the child reaches the age of majority (or graduates high school, depending on the state), arrears remain enforceable until fully paid. The federal government and state agencies have powerful tools to collect this debt, including wage garnishment, tax intercept, and passport denial.
There are two types of arrears:
- Arrears assigned to the state — When the custodial parent received public assistance (TANF, Medicaid), the state may have the right to collect arrears to recoup those benefits. These are sometimes eligible for forgiveness programs.
- Arrears owed to the custodial parent — Amounts owed directly to the other parent for current and past support. These can only be forgiven with the custodial parent's consent and court approval.
How Arrears Accumulate
Arrears begin accumulating the moment a payment is missed or underpaid. The process works as follows:
- Court issues support order — A specific monthly amount is ordered by the court
- Payment is missed or short — Any shortfall between the ordered amount and actual payment becomes arrears
- Interest accrues — Most states charge interest on unpaid arrears, compounding the debt
- Enforcement actions begin — After a period of non-payment, the state initiates collection measures
- Arrears continue until paid — The debt persists regardless of the child's age
Example: No Interest
If you owe $500/month and miss 12 months, arrears = $6,000. Simple and straightforward.
Example: With 10% Interest
Same scenario with 10% annual interest could result in $6,300+ owed due to interest on each missed payment.
Common Reasons Arrears Accumulate
- Job loss or income reduction — The parent cannot afford payments but fails to file for modification
- Incarceration — Support obligations continued during imprisonment (though recent federal rules address this)
- Failure to modify — Circumstances change but the parent does not formally request a modification
- Deliberate non-payment — Some parents refuse to pay despite having the ability
- Administrative errors — Payments not properly credited, orders not updated correctly
- Retroactive orders — Support ordered retroactively to the filing date creates instant arrears
Interest Rates on Child Support Arrears by State
Most states charge interest on unpaid child support arrears, but rates vary significantly. Some states charge simple interest while others compound it. The following table shows the interest rates charged by each state:
| State | Interest Rate | Type | Notes |
|---|---|---|---|
| Alabama | 12% | Simple | Statutory rate |
| Alaska | 6% | Simple | On judgments |
| Arizona | 10% | Simple | Statutory rate |
| Arkansas | 10% | Simple | Post-judgment rate |
| California | 10% | Simple | On principal balance |
| Colorado | 12% | Simple | Statutory rate |
| Connecticut | 10% | Simple | Post-judgment rate |
| Delaware | 1% above Fed discount | Variable | Updated annually |
| Florida | 12% | Simple | Retroactive to delinquency |
| Georgia | 7% | Simple | Post-judgment rate |
| Hawaii | 10% | Simple | Statutory rate |
| Idaho | 5.375% | Variable | Based on T-bill + 5% |
| Illinois | 9% | Simple | Statutory rate |
| Indiana | 8% | Simple | Post-judgment rate |
| Iowa | 5% | Simple | On judgments |
| Kansas | 10% | Simple | Statutory rate |
| Kentucky | 12% | Simple | Statutory rate |
| Louisiana | Judicial rate | Variable | Set annually by legislature |
| Maine | 6% | Simple | Post-judgment rate |
| Maryland | 10% | Simple | Statutory rate |
| Massachusetts | 12% | Simple | Statutory rate |
| Michigan | 5.25% | Simple | Surcharge, not interest |
| Minnesota | 0% | N/A | No interest on arrears |
| Mississippi | 8% | Simple | Post-judgment rate |
| Missouri | 9% | Simple | Post-judgment rate |
| Montana | 10% | Simple | Statutory rate |
| Nebraska | 12% | Simple | Statutory rate |
| Nevada | 0% | N/A | No interest unless by court order |
| New Hampshire | 0% | N/A | No interest on arrears |
| New Jersey | 0% | N/A | No statutory interest |
| New Mexico | 8.75% | Simple | Post-judgment rate |
| New York | 9% | Simple | Statutory rate |
| North Carolina | 8% | Simple | Post-judgment rate |
| North Dakota | 5.25% | Variable | Updated annually |
| Ohio | 6% | Simple | On judgments |
| Oklahoma | 10% | Simple | Statutory rate |
| Oregon | 9% | Simple | Statutory rate |
| Pennsylvania | 6% | Simple | Statutory rate |
| Rhode Island | 12% | Simple | Post-judgment rate |
| South Carolina | 8.75% | Variable | Based on prime + adjustment |
| South Dakota | 10% | Simple | Category A judgment rate |
| Tennessee | 12% | Simple | Statutory rate |
| Texas | 6% | Simple | Post-judgment rate |
| Utah | 2% above judgment rate | Variable | Reviewed annually |
| Vermont | 12% | Simple | Post-judgment rate |
| Virginia | 6% | Simple | Per annum on unpaid support |
| Washington | 12% | Simple | Statutory rate |
| West Virginia | 10% | Simple | Statutory rate |
| Wisconsin | 1% per month | Simple | Equals 12% per year |
| Wyoming | 10% | Simple | Statutory rate |
| Washington D.C. | 6% | Simple | Statutory rate |
Arrears Forgiveness & Compromise Programs
Several states offer programs that allow parents to have a portion of their arrears forgiven or compromised, particularly for arrears owed to the state. These programs typically require the parent to make consistent current payments in exchange for reducing the arrears balance.
States with Active Forgiveness Programs
- California — Compromise of Arrears Program (COAP): Allows reduction of state-owed arrears for parents making regular payments. Can forgive up to 100% of state-owed arrears.
- Texas — Arrears Reduction Program: Parents who make 12 consecutive on-time payments may qualify for state-owed arrears reduction.
- Florida — Debt Compromise Program: Available for state-owed arrears. Requires consistent payment history and financial hardship demonstration.
- New York — Arrears Credit Program: Offers dollar-for-dollar credit on state-owed arrears for consistent current payments.
- Illinois — Arrears Management Program: Reduces or eliminates state-owed interest and penalties for qualifying participants.
- Ohio — Fresh Start Program: Matches payments on current support with credits toward state-owed arrears.
- Georgia — Arrears Forgiveness: Allows compromise of state-owed arrears through the Division of Child Support Services.
- Michigan — Surcharge Forgiveness: Waives the 5.25% surcharge on arrears for qualifying parents.
- Virginia — Debt Reduction Program: Offers reduction of state-owed arrears in exchange for consistent payments.
- Missouri — Arrears Credit Program: Provides credits toward state-owed arrears for parents maintaining current payments.
Contact your state's child support enforcement agency to learn about available programs and eligibility requirements. Eligibility typically requires demonstrating financial hardship, making consistent current payments, and cooperating with the child support agency.
How to Reduce Arrears
If you owe child support arrears, there are several strategies to address the debt:
- Apply for a modification — If your income has decreased, modify your current support order to prevent further arrears from accumulating
- Negotiate a payment plan — Contact your child support agency to set up a manageable payment plan for arrears
- Enroll in a forgiveness program — Check if your state offers arrears forgiveness for state-owed debt
- Request a compromise — Some states allow you to negotiate a lump-sum settlement for less than the full amount
- Verify the balance — Request a detailed accounting of your arrears to ensure all payments were properly credited
- Make consistent payments — Demonstrating good faith through regular payments improves your position for any compromise or forgiveness
Can the Custodial Parent Forgive Arrears?
The custodial parent can agree to forgive arrears owed directly to them, but this generally requires court approval. The court will consider whether the agreement is voluntary and whether it serves the child's best interest. Arrears assigned to the state (from public assistance) can only be forgiven by the state, not by the custodial parent.
Consequences of Unpaid Arrears
Child support arrears carry serious consequences that escalate over time:
- Wage garnishment — Up to 50-65% of disposable income can be garnished for child support (higher than standard debt garnishment limits)
- Tax refund intercept — Federal and state tax refunds can be seized to pay arrears (for arrears over $150 for state-owed, $500 for parent-owed)
- License suspension — Driver's license, professional licenses, and recreational licenses can be suspended
- Passport denial — The U.S. State Department denies passports for arrears over $2,500
- Credit damage — Arrears are reported to credit bureaus, severely impacting credit scores
- Bank account seizure — Funds in bank accounts can be frozen and seized
- Property liens — Liens can be placed on real estate, vehicles, and other property
- Contempt of court — Willful non-payment can result in fines and jail time
- Criminal prosecution — Under the Federal Child Support Recovery Act, failure to pay support across state lines exceeding $5,000 or more than 1 year is a federal crime
Statute of Limitations on Child Support Arrears
There is no federal statute of limitations on child support arrears. However, some states impose their own limitations:
- No statute of limitations — Most states (including California, Texas, Florida, New York, Ohio) have no time limit on collecting arrears
- 10 years after child turns 18 — A few states impose this limit for enforcement of arrears judgments
- 20 years from order date — Some states require renewal of judgments for continued enforcement
Even where a statute of limitations exists, it typically only limits certain enforcement methods and does not eliminate the underlying debt. The IRS Federal Tax Refund Offset Program, for example, can collect regardless of state limitations.
Frequently Asked Questions
Child support arrears are past-due child support payments that were not made on time. They accumulate when a parent falls behind on court-ordered payments and include the original missed amounts plus any interest charged by the state. Arrears do not expire when the child turns 18 and remain collectible until paid in full.
Most states charge interest on unpaid child support arrears. Rates range from 0% (Minnesota, Nevada, New Hampshire) to 12% (Florida, Kentucky, Massachusetts, Tennessee, Washington, Wisconsin). Interest compounds the debt significantly over time.
Some states offer forgiveness programs for arrears owed to the state, often in exchange for consistent current payments. Arrears owed directly to the custodial parent require their agreement and court approval to forgive. Contact your state's child support agency for available programs.
Contact your state's child support enforcement agency immediately. Options may include negotiating a payment plan, applying for a modification, enrolling in an arrears management program, or requesting a compromise. Ignoring arrears leads to escalating enforcement measures.
There is no federal statute of limitations. Most states also have no time limit, meaning arrears can be collected indefinitely. A few states impose limitations of 10 to 20 years, but the underlying debt generally does not disappear.
Yes. Under federal law, state agencies report overdue child support to credit bureaus. This can severely damage your credit score and remain on your credit report for up to 7 years, affecting your ability to get loans, mortgages, and rental housing.