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Missed child support payments don’t just accumulate—they add up quickly and can lead to serious consequences, impacting your job, your license, and your credit. Courts take child support obligations seriously, and once arrears start to build, getting out of debt becomes increasingly difficult. If you’re facing child support back payments, time is of the essence. However, you still have options to regain control before the situation worsens.
What Counts as Child Support Arrears?
Child support arrears refer to unpaid support that’s already due. It doesn’t include current or future payments, just what you missed. Once a payment deadline passes and you haven’t paid, the unpaid amount becomes arrears. These don’t disappear unless you pay them or the court waives them in rare cases.
Unpaid child support automatically accumulates interest in many states. The longer you wait, the more you owe.
How Do Arrears Start?
Arrears usually begin when a parent:
- Misses a court-ordered payment
- Loses a job and stops paying without modifying the order
- Believes the other parent doesn’t need the money anymore
- Moves away and avoids paying
Even if you think the order is unfair or unnecessary, you must follow it until the court changes it. Otherwise, every skipped payment adds to the total.
Common Consequences of Unpaid Child Support
Wage Garnishment
Courts can order your employer to deduct support directly from your paycheck. This continues until you catch up or reach a new agreement.
Tax Refund Seizure
If you owe enough, the government can take your federal and state tax refunds and apply them to your child support debt.
License Suspension
Failing to pay can lead to the suspension of your driver’s license, professional license, or even a hunting or fishing license.
Credit Damage
Unpaid support often shows up on credit reports. That affects your score and can hurt loan applications, housing approval, and job offers.
Jail Time
In serious cases, courts can hold you in contempt and sentence you to jail. Judges don’t always go this route, but they use it when they believe you’re ignoring the order.
How to Handle Child Support Arrears
1. Confirm the Balance
Mistakes happen. Request a full accounting from the court or state child support office. Compare it to your records and note any differences. If you find errors, dispute them immediately.
2. Keep Making Payments
Even small payments show good faith. Judges look favorably on parents who make an effort. Ignoring the debt gives the impression you don’t care.
3. Request a Payment Plan
You can’t erase arrears overnight, but many courts allow payment plans. These break the balance into manageable monthly amounts. In some states, payment plans help prevent license suspensions or legal action.
4. Modify the Support Order
If your financial situation has changed since the original order, request a modification. You’ll still owe past-due amounts, but a lower current order makes repayment easier.
5. Seek a Settlement
Some states offer settlement programs. You may be able to pay a reduced lump sum or meet certain conditions for partial forgiveness. These deals usually apply only to debts owed to the government, not the other parent.
6. Explore State-Specific Relief Options
A few states have programs that forgive interest or pause enforcement during unemployment or hardship. Check with your local child support enforcement office to see what’s available.
What Not To Do
Don’t Ignore It
Avoiding calls and letters won’t stop the process. Courts have wide authority to enforce orders, and the longer you wait, the worse it gets.
Don’t Rely on Verbal Agreements
Even if the other parent says it’s fine to stop paying, courts don’t honor off-the-record deals. Always get changes in writing and filed through the court.
Don’t Lie About Your Income
If the court discovers you’ve hidden income or underreported earnings, it can increase your order and take stronger enforcement actions.
Can the Court Waive Arrears?
In most cases, courts won’t waive past-due support unless you meet very specific conditions. If the debt is owed to the custodial parent, that person must agree to waive it. If it’s owed to the government due to public assistance, the process is stricter.
Even then, judges only waive debt under rare circumstances, such as:
- Proof you were incarcerated with no income
- Disability that made work impossible
- Administrative errors in how the debt was calculated
What If You Never Knew About the Order?
Sometimes, parents claim they didn’t receive notice of the original support order. If that’s true, and you didn’t get a fair chance to participate in court, you may be able to challenge the amount. You’ll need legal help to file a motion to vacate or set aside the judgment. Time limits apply, so act quickly.
What If You Live in Another State?
Child support orders follow you across state lines. If you move, you still owe the payments. Most states work together to collect support, so don’t expect relocation to stop enforcement.
If your financial situation has changed in your new state, request a modification there or return to the court that issued the original order.
What About Bankruptcy?
You can’t discharge child support arrears in bankruptcy. The law protects these obligations, so filing won’t wipe them out. However, bankruptcy might free up money by eliminating other debts. That could make it easier to pay child support going forward.
What to Expect in Court
If you face enforcement proceedings, the judge will ask why you haven’t paid. Be honest, bring proof of income, and show your payment history. A clear effort to fix the issue works in your favor. Hiding income or blaming the other parent does not.
The court might:
- Offer a payment plan
- Place you on probation
- Set review hearings to check progress
- Order community service
- Jail you if you’ve ignored past orders
Getting Legal Help
You don’t always need an attorney, but legal advice helps when the court threatens serious penalties. Legal aid groups offer support if you can’t afford a lawyer. Many states have self-help centers at family courts to guide you through filing documents and requesting modifications.
How to Prevent Future Arrears
Set Reminders
Missing a payment by accident can start a chain reaction. Use calendar alerts or automatic payments to stay on schedule.
Update Your Contact Info
Courts and child support agencies need your current address and job information. If they can’t find you, they assume you’re avoiding payment.
Act Fast on Job Loss
Losing income doesn’t pause your obligation. File for a modification as soon as possible. Courts won’t reduce arrears, but they can lower future payments if you qualify.
Keep Records
Always keep proof of payment, communication with the other parent, and any court filings. If someone claims you didn’t pay, your records will help defend you.
Final Thought
Child support back payments don’t disappear on their own. The longer they remain unpaid, the larger they grow. While you can’t eliminate the debt overnight, you can take steps to make it more manageable. Start by acknowledging the issue and work with the court to find a solution. Staying proactive, honest, and organized will give you the best chance to move forward and resolve the debt.
Child Support Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Support E-Book”
Other Articles you may be interested in:
- How to Terminate Child Support Arrears in Texas: A Step-by-Step Guide
- Can I Pause Child Support Arrears?
- Are you dealing with child support arrears and back child support problems?
- What Kind of Support Does a Guardian Provide in a Family?
- Child Support Modifications: Adapting to Economic Shifts and Life Changes
- Child Support for your special needs child
- How Can a Father Stop Paying Child Support In Texas?
- How Often Is Child Support Reviewed In Texas?
- Can a Child Sue a Parent For Back Child Support In Texas?
- Will You Go To Jail For Back Child Support In Texas?
- What Is The Bare Minimum For Child Support In Texas?
- What To Expect At a Child Support Review Hearing In Texas
- What Is Used To Determine Child Support In Texas?
- What Questions Are Asked In a Child Support Hearing In Texas?
Frequently Asked Questions on Child Support ArrearsFAQs
Yes, if you are the non-custodial parent with arrears and have experienced a significant change in financial circumstances, you may be eligible to request a modification of the child support order to reduce future payment obligations.
You can address child support arrears by contacting your local child support enforcement agency, discussing repayment plans, seeking a modification if applicable, and staying current on ongoing payments.
Child support arrears typically do not have a statute of limitations, meaning there is no time limit on collecting unpaid child support, even if the child has reached adulthood.
If you are unable to make child support payments due to financial difficulties, it’s essential to contact the relevant authorities or your attorney to explore options, such as repayment plans or modifications.
Yes, in some cases, child support arrears can be reported to credit bureaus, negatively impacting your credit score.
