What Is Arrearages
Arrearages are unpaid child support or spousal support (alimony) obligations that have accumulated over time. Once a court orders you to pay support, every missed or partial payment creates an arrearage balance that you legally owe. This amount typically grows with interest and can trigger enforcement actions regardless of your current financial situation.
How Arrearages Accumulate
Support obligations begin on the date specified in your divorce decree or court order. If you fail to pay the full amount by the due date, the unpaid portion becomes an arrearage. Many states add interest to arrearages automatically. For example, California applies a 10% annual interest rate to overdue child support, while some states charge the statutory judgment rate (often 5-8% depending on the state). Federal law requires states to use income withholding as the primary collection method, which means your employer deducts support payments directly from your paycheck before you receive it.
Consequences of Arrearages
- License suspension: Most states suspend your driver's license, professional license, and recreational licenses once arrearages reach a threshold (typically $150-$300 in federal guidelines). This applies even if you're current on future payments.
- Passport denial: Federal law allows the U.S. State Department to deny or revoke your passport if you owe more than $2,500 in child support arrearages.
- Tax refund intercept: The federal government seizes both state and federal tax refunds to satisfy child support arrearages. You can claim an injured spouse allocation only for spousal support, not child support.
- Credit reporting: Arrearages appear on credit reports through the National Consumer Reporting Agency, affecting your credit score and loan eligibility for up to seven years after the debt is resolved.
- Contempt of court charges: Willful non-payment of support can result in criminal contempt charges, fines, and jail time. Courts distinguish between inability to pay and unwillingness to pay; jail is reserved for cases where the obligor has the means but refuses to pay.
- Wage garnishment expansion: Beyond income withholding, courts can order garnishment of bank accounts, property sales, and bonus payments to satisfy arrearages.
State-Specific Variations
How arrearages are handled differs by state. In community property states like Texas and California, arrearages accumulated during marriage may be treated as community debt, meaning both spouses share responsibility. In equitable distribution states, the paying spouse typically bears the full obligation. Some states allow modification of arrearages if circumstances change substantially (job loss, disability), while others require payment of the full arrearage balance regardless of hardship. New York, for instance, permits modification only if you can show a 10% change in income from the original order. Georgia allows retroactive modification in limited circumstances, but most states do not.
Resolving Arrearages
If you have arrearages, you have limited options. You can negotiate a payment plan with the other parent or the state child support enforcement agency, though most courts require you to continue paying current support while paying down the arrearage. You can request a modification of future support payments if your income has decreased, but this does not erase past arrearages. In rare cases, you may petition the court to forgive arrearages due to extreme hardship, but courts are reluctant to do this and require clear evidence of financial impossibility.
Common Questions
- Does interest stop accruing if I lose my job? No. Interest and arrearages continue to grow. You must file a motion to modify your support obligation based on changed circumstances. Until a court modifies your order, you remain responsible for the full amount plus accumulating interest.
- Can the other parent forgive arrearages? Not unilaterally. Even if the custodial parent agrees to forgive debt, the state child support enforcement agency may continue collection efforts because child support is considered a public obligation. Any forgiveness must be court-approved and documented in writing.
- What happens to arrearages after I pay off the obligation? Arrearages do not disappear after your support obligation ends. If your child turns 18 and support terminates, you still owe any accumulated arrearages. You must continue paying until the full amount is satisfied, which can take years after the support obligation itself has ended.