What Are Arrears in Child Support? A Complete Guide to Understanding and Resolving Debt

What Are Child Support Arrears?

Child support arrears are the total amount of past-due child support payments that a parent has failed to make according to a court order. When a parent misses a scheduled payment, the unpaid amount becomes part of the arrears balance. Each additional missed payment adds to this growing total.

Arrears are sometimes referred to as back child support or past-due support. These terms all describe the same situation: money that was court-ordered to be paid but was not received by the due date.

Child support arrears are treated differently from most other types of debt. They cannot be discharged in bankruptcy, they generally have no statute of limitations, and state and federal agencies have broad enforcement powers to collect them. Understanding how arrears work is essential for any parent involved in a child support case.

Arrears vs. Back Child Support

The terms "arrears" and "back child support" are used interchangeably in most contexts, but there are some nuances worth understanding:

• Arrears: A legal term referring to the total amount of past-due payments. It is the formal term used in court documents and by child support agencies.
• Back child support: A more colloquial term that means the same thing as arrears. It is commonly used in everyday conversation and media.
• Retroactive support: This is different from arrears. Retroactive support covers a period before the court order existed. Learn more about retroactive child support.

In practice, when someone talks about back child support or arrears, they are referring to the same debt. The total arrears balance includes the original missed payments plus any interest and penalties that have accrued.

How Arrears Accumulate

Arrears accumulate in a straightforward manner: every time a payment is missed, the unpaid amount is added to the arrears balance. However, the total can grow much faster than parents expect due to several factors:

Missed Payments

Each missed monthly payment is added to the arrears total. If the ordered amount is $1,000 per month and three months are missed, the base arrears would be $3,000.

Partial Payments

If you pay less than the ordered amount, the difference becomes part of the arrears. For example, if the order is for $1,000 and you pay $600, the remaining $400 is added to the arrears balance.

Interest

Most states charge interest on unpaid child support, which compounds over time. Even a moderate interest rate can significantly increase the total debt over months and years.

Penalties and Fees

Some states impose late fees, collection fees, or other penalties on overdue payments. These additional charges can add hundreds or thousands of dollars to the total arrears.

Interest and Penalties

Interest on child support arrears is governed by state law, and the rates vary considerably:

• California: 10% simple interest per year
• New York: 9% annual interest
• Illinois: 9% annual interest on judgments
• Texas: 6% simple interest per year
• Florida: Statutory rate, varies by year
• Georgia: 7% annual interest
• Ohio: Judgments bear interest at the state statutory rate

Some states also impose penalty fees. For instance, some states add a percentage-based surcharge on top of interest for each month the payment is late. Others charge collection fees when the state agency has to take enforcement action.

The combination of interest and penalties means that ignoring arrears is one of the most expensive financial decisions a parent can make. A $10,000 arrears balance can grow to $15,000 or more within just a few years.

Collection Methods for Arrears

State child support agencies and the federal government have a wide range of tools to collect arrears. These are some of the most common and impactful methods:

Income Withholding

The most frequently used collection tool is income withholding, also known as wage garnishment. Employers are required to deduct child support payments directly from the paying parent's paycheck. For arrears, the garnishment amount can increase to cover both current support and a portion of the past-due balance, up to 65% of disposable income.

Federal and State Tax Offset

The Treasury Offset Program allows state agencies to intercept federal tax refunds to satisfy child support arrears. States can also intercept state tax refunds. This is one of the most effective collection methods and can recover significant amounts quickly during tax season.

License Suspension

States can suspend or refuse to renew driver's licenses, professional licenses (such as medical, legal, or contractor licenses), and recreational licenses (hunting, fishing) for parents with significant arrears.

Passport Denial

The U.S. Department of State will deny passport issuance or renewal when a parent owes more than $2,500 in child support arrears. This can have serious consequences for parents who need to travel internationally for work or family reasons.

Credit Bureau Reporting

Child support arrears are reported to major credit bureaus and appear on the debtor's credit report. This can lower credit scores significantly and affect the ability to obtain loans, mortgages, credit cards, and even employment.

Financial Account Levies

State agencies can freeze and seize funds from bank accounts, investment accounts, and other financial assets to satisfy arrears. This includes joint accounts in some cases.

Property Liens

Agencies can place liens on real estate, vehicles, and other property, preventing the owner from selling or refinancing the property until the arrears are resolved.

Payment Plans for Arrears

If you have accumulated child support arrears, you are not alone, and there are structured ways to address the debt. Most state child support agencies offer payment plans to help parents gradually pay down their arrears. Here is how to approach it:

1. Contact your local child support agency: Reach out to the agency handling your case to discuss your arrears balance and available options.
2. Provide financial documentation: Be prepared to share proof of income, expenses, and other financial obligations. This helps the agency determine a realistic payment amount.
3. Agree on a payment schedule: Most plans require you to continue paying current support plus an additional amount toward the arrears each month.
4. Set up automatic payments: Automatic withholding from your paycheck or bank account ensures payments are made consistently and on time.
5. Stay in communication: If your financial situation changes, contact the agency immediately to adjust the plan rather than missing payments.

Proactively setting up a payment plan demonstrates good faith and can prevent the most aggressive enforcement actions.

Modification Options

It is critical to understand the distinction between modifying current support and eliminating arrears:

• Current support modification: If you have experienced a significant change in circumstances, such as job loss, reduced income, disability, or a change in custody, you can petition the court to modify your current support obligation. This is allowed in every state.
• Arrears reduction: Courts generally cannot retroactively modify or forgive child support arrears. Once the payment was due and not made, that debt is permanent. The only exceptions are limited and vary by state.

If your income has decreased, the most important step is to file for modification immediately. Do not wait, because support continues to accrue at the current rate until the court changes it. Use our free child support calculator to estimate what your modified obligation might be.

Tax Implications of Arrears

Child support arrears have several tax-related consequences that parents should be aware of:

• Tax refund interception: The IRS can intercept your federal tax refund through the Treasury Offset Program and send it to the state child support agency to apply toward your arrears. State tax refunds can also be intercepted.
• Not tax-deductible: Child support payments, including payments toward arrears, are not tax-deductible for the paying parent.
• Not taxable income: Child support received, including arrears payments, is not considered taxable income for the receiving parent.
• Compromised arrears: If the state agrees to compromise (reduce) the portion of arrears owed to the government, the forgiven amount may be reported as taxable income to you.

If you are expecting a tax refund and have outstanding arrears, plan for the possibility that the refund may be intercepted.

Taking Action on Your Arrears

Ignoring child support arrears will only make the situation worse. Here are the steps you should take:

1. Get your current balance: Contact your state child support agency for the most up-to-date total, including interest and penalties.
2. Understand your options: Ask about payment plans, arrears compromise programs, and other available resources.
3. Stay current: Make every effort to keep up with your current support obligation while addressing the arrears.
4. Request a modification if needed: If you cannot afford your current payment, file for modification rather than simply stopping payments.
5. Consult an attorney: A family law attorney can help you navigate the complexities of arrears and protect your rights.

For more information, read our related articles on what child support is and back child support. To understand your state's specific rules, visit our state pages for California, Texas, New York, and other states. You can also use our child support calculator to estimate your obligations.