When a required child support payment isn't made, it doesn't just disappear — it becomes "arrears," a specific kind of legal debt with its own rules, many of which are stricter than an ordinary unpaid bill.
Arrears are a real, enforceable debt
Each missed payment typically becomes a judgment by operation of law in many states — meaning it doesn't require a separate court hearing to become legally collectible, and it generally can't be modified retroactively (a court usually can't forgive support that was already due, only change future payments going forward).
Interest often applies
Many, though not all, states charge interest on unpaid arrears — rates and whether accrual is automatic or requires a court finding vary widely. See our arrears calculator for state-by-state statutory rates and sourcing.
It generally survives bankruptcy
Child support arrears are considered a domestic support obligation under federal bankruptcy law, which generally makes them non-dischargeable — meaning bankruptcy typically won't erase the debt, unlike many other unsecured debts.
FAQ
Can arrears be waived or forgiven?
This varies significantly by state and by whether the arrears are owed to the other parent (private) or to the state (if public assistance was involved) — some states allow negotiated compromises on privately-owed arrears, others are much more restrictive.
How is interest calculated?
Use our arrears calculator — it uses each state's own statutory interest rate, with notes on whether accrual is automatic or requires a court order.