Child Support Arrears Calculator

What Are Child Support Arrears?

Child support arrears are unpaid child support payments that accumulate when a parent fails to meet their court-ordered child support obligations. These arrears represent a legal debt that can accrue interest and be enforced through various mechanisms including wage garnishment, tax refund interception, license suspension, and court action.

Understanding the total arrears balance, including accrued interest, is essential for both custodial and non-custodial parents. The arrears calculation helps parents plan for repayment, negotiate payment plans, and understand the full scope of past-due obligations. Interest rates vary by state, and lump sum payments can significantly reduce the outstanding balance.

Child Support Arrears Formula

Total Support Owed = Monthly Support × Months Missed

Gross Arrears = Total Support Owed − Payments Made

Accrued Interest = Gross Arrears × Annual Rate × (Months Missed ÷ 12)

Total Arrears = (Gross Arrears − Lump Sum) + Accrued Interest

Frequently Asked Questions

What are child support arrears?

Child support arrears are the unpaid child support payments that have accumulated over time when a paying parent fails to meet their court-ordered child support obligations.

How are child support arrears calculated?

Child support arrears are calculated by multiplying the monthly court-ordered support amount by the number of months of missed payments, then subtracting any payments made to date, and adding any accrued interest.

What interest rate applies to child support arrears?

Interest rates on child support arrears vary by state. Some states use the statutory judgment rate, while others have specific rates for child support. Rates typically range from 4% to 12% annually.

Can child support arrears be modified?

Child support arrears generally cannot be retroactively modified, meaning once payments are missed, the arrears are owed. However, future support can be modified through the court.

How is interest calculated on child support arrears?

Interest is typically calculated using simple interest on the outstanding principal balance. The formula is: Gross Arrears × Annual Interest Rate ÷ 12 × Number of Months.

What happens if I don't pay child support arrears?

Failure to pay child support arrears can result in wage garnishment, tax refund interception, license suspension, contempt of court, and in extreme cases, jail time.

Can child support arrears be forgiven?

Child support arrears can only be forgiven by court order. Some states allow compromise of arrears if the custodial parent agrees and it is in the child's best interest.

How long do I have to pay child support arrears?

Courts can order payment plans for child support arrears, but the arrears do not expire. Unpaid child support can accumulate indefinitely, and enforcement actions can continue until paid.

Do child support arrears survive death?

Yes, child support arrears become a debt of the estate and must be paid before assets are distributed to heirs in many states.

What is the difference between current support and arrears?

Current support is the ongoing monthly child support obligation, while arrears are the accumulated unpaid amounts from past missed payments. Both may need to be paid simultaneously.

Can interest on child support arrears be waived?

Some states allow courts to waive or reduce interest on child support arrears in certain circumstances, such as hardship or substantial compliance with payment orders.

How do lump sum payments affect arrears?

Lump sum payments reduce the outstanding principal balance of arrears, which in turn reduces future interest accrual on the remaining balance.

What is the statute of limitations on child support arrears?

Many states have no statute of limitations for collecting child support arrears, or have very long periods, such as 20 years after the child reaches adulthood.

Can child support arrears be discharged in bankruptcy?

Child support arrears are generally non-dischargeable in bankruptcy, meaning they cannot be eliminated through bankruptcy proceedings.

How are child support arrears enforced across state lines?

The Uniform Interstate Family Support Act (UIFSA) allows for enforcement of child support orders and arrears across state lines through cooperation between state child support agencies.

What is the Child Support Enforcement Program?

The federal Child Support Enforcement Program (Title IV-D) helps locate non-custodial parents, establish paternity, establish and enforce child support orders, and collect payments.

Can I get a payment plan for child support arrears?

Yes, courts can establish payment plans for arrears in addition to current support. These plans typically require monthly payments toward the arrears balance.

What happens to arrears when the child turns 18?

Child support arrears that accrued before the child reached majority remain owed and enforceable even after the child emancipates.

How does wage garnishment work for child support arrears?

Wage garnishment for child support can take up to 50-65% of disposable earnings for combined current support and arrears, depending on the circumstances and state law.

Can tax refunds be intercepted for child support arrears?

Yes, federal and state tax refunds can be intercepted to pay past-due child support through the Treasury Offset Program.

What is the difference between gross arrears and total arrears?

Gross arrears are the unpaid principal balance before interest, while total arrears include both the principal balance and all accrued interest.

How do I dispute child support arrears?

If you believe the arrears calculation is incorrect, you can request a review from your state child support agency or file a motion with the court to dispute the balance.

What records should I keep for child support arrears?

Keep copies of court orders, payment receipts, bank statements showing payments, and any correspondence regarding support obligations and modifications.

Can child support arrears be included in a divorce settlement?

Child support arrears are typically separate from property division in divorce and must be paid regardless of the settlement terms.

How does incarceration affect child support arrears?

In some states, incarceration can be grounds for modifying or suspending child support, but arrears that accrued before incarceration are still owed.

What is the Federal Consumer Credit Protection Act limit?

The CCPA limits wage garnishment for child support to 50% of disposable earnings if the payor supports another family, or 60% if not, with an additional 5% for arrears over 12 weeks.

Can child support arrears affect my credit score?

Yes, child support arrears can be reported to credit bureaus and negatively affect credit scores, making it harder to obtain loans or housing.

How do I calculate interest on child support arrears?

Interest is calculated as: Gross Arrears × Annual Interest Rate ÷ 12 × Months of Arrears. Some states calculate interest differently, so check local laws.

What is a child support arrears judgment?

A child support arrears judgment is a court order that establishes the total amount of unpaid support as a legal debt, which may include interest and can be enforced like any other judgment.

Can I negotiate child support arrears?

Some states allow negotiation or compromise of arrears, particularly the interest portion, through a stipulated agreement approved by the court.

What resources are available for help with child support arrears?

State child support enforcement agencies, family law attorneys, legal aid organizations, and court family law facilitators can provide assistance with child support arrears issues.

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External Resources

• ABA Family Law — American Bar Association Family Law Section resources, publications, and legal standards.
• Nolo Family Law — Nolo family law guides covering divorce, child support, custody, alimony, and adoption.
• FindLaw Family Law — FindLaw family law resources including articles, state laws, and legal referrals.
• Justia Family Law — Justia family law guides covering divorce, child custody, support, adoption, and protections.
• LegalZoom Family Law — LegalZoom family law services including divorce documents and legal document preparation.
• Cornell LII Family Law — Cornell Legal Information Institute overview of family law including statutes and regulations.