Child support arrearages are support obligations that were not previously paid. Arrearages do not terminate once the original support obligation is over; they must be paid off over time, even if the child(ren) are now over 18, until they are paid in full (you cannot file bankruptcy on your child support arrearages either). In this article, we explain what child support arrearages are, the consequences of not paying them, and how you can manage or settle these debts to avoid long-term financial and legal penalties.
How Child Support Arrearages Accumulate
Arrearages can build up quickly and can take months or years to eliminate as interest accrues on arrearages. The support you pay continues to go to the person you owed the payments to. However, you should not be paying for any new support obligations at this point, so make sure that the support you are paying is only for the back support you owe from years past.
Legal Consequences for Non-Payment
When you are in arrears on support, the state may take a number of steps to force you to pay your arrearage. The state may garnish your wages and apply your tax refund to your arrearage. In some cases, the state may even suspend your driver’s or professional licenses until the debt is paid.
Manage Child Support Arrearages
Verify the Amount You Owe
First, check to make sure the amount you owe is correct. Mistakes can happen. For example, you might still be charged for support after your child was legally declared an adult (emancipated), or there could be a calculation error. If you think the amount is wrong, you can go to court to have it corrected.
If the amount owed is incorrect for some reason—such as being held liable for support after your child was declared emancipated by the court, or being held liable for support in an amount different from the court-ordered amount—you may petition the court to fix your child support obligation.
It’s essential to confirm the accuracy of the arrearage amount to avoid paying more than you legally owe.
Settling Arrearages
If the amount you owe is correct, then you are obligated to pay it in full. However, you may be able to contact the child support division of the prosecutor’s office to discuss settling the arrearage. This could lead to a more manageable payment plan, especially if the arrearages have grown significantly over time.
Final Thoughts
Child support arrearages don’t simply go away, and ignoring them can result in long-term financial consequences. Being proactive and ensuring that the amount you owe is accurate can help manage the debt. If necessary, consider discussing settlement options to avoid further legal action and financial strain.
