Unpaid child support does not fade away. Federal law turns every missed payment into a judgment, gives states collection tools that work without a new lawsuit, and makes some nonpayment a crime. Each state then decides on interest, license thresholds and how long the debt can be collected.
Every missed payment is a judgment
Under 42 U.S.C. §666(a)(9), each installment becomes, on its due date, a judgment by operation of law with full faith and credit in every state. It cannot be reduced retroactively. The one exception a state may allow covers the period while a petition for modification is pending, and only from the date notice of the petition was given to the other party. Amounts that fell due before then stay owed at the ordered amount.
The state agency must track compliance and flag a case as delinquent no later than the date the unpaid amount equals one month of support, and then take an appropriate enforcement step within 30 calendar days in most situations (45 C.F.R. §303.6).
Federal enforcement tools
Income withholding
Every state must have procedures to withhold support from income (42 U.S.C. §666(a)(1) and (b)). Orders first issued since January 1, 1994 provide for withholding from the start, unless a court finds good cause or the parents agree in writing on another arrangement (§666(a)(8)). When there are arrears, the employer withholds current support plus an extra amount toward the debt, but the total cannot exceed the limit in the federal Consumer Credit Protection Act, 15 U.S.C. §1673(b) (45 C.F.R. §303.100(a)).
Tax refund offset
The Treasury can take a federal tax refund to pay past-due support certified by the state (42 U.S.C. §664). For families that do not receive public assistance, the statute applies the offset only when the past-due amount is $500 or more. The state must first send a notice explaining how to contest the debt, and a spouse on a joint return can claim their share. States must also be able to intercept state income tax refunds (§666(a)(3)).
Passport denial
When a state certifies that a parent owes more than $2,500 in child support arrears, the Secretary of State must refuse to issue a passport and may revoke, restrict or limit one already issued (42 U.S.C. §652(k)). The $2,500 figure is set in the statute; a 2006 amendment lowered it from $5,000.
Licenses, liens and credit reports
- Licenses. States must have authority to withhold, suspend or restrict driver's, professional, occupational and recreational licenses of parents who owe overdue support (§666(a)(16)). Each state sets the trigger; see the table below.
- Liens. Overdue support becomes a lien by operation of law on real and personal property in the state, and other states must honor it (§666(a)(4)).
- Credit reporting. States must periodically report the name of a delinquent parent and the amount owed to consumer reporting agencies, but only after notice and a reasonable chance to contest the figure (§666(a)(7)).
In civil contempt cases, the agency must screen the parent's ability to pay and tell the parent that ability to pay is the critical question (45 C.F.R. §303.6(c)(4)).
When nonpayment is a federal crime
The federal offense in 18 U.S.C. §228 applies when the child lives in another state, or when the parent travels between states or abroad to avoid paying.
| Conduct | Unpaid for | Or more than | Maximum prison |
|---|---|---|---|
| Willful failure to pay, child in another state (first offense) | Over 1 year | $5,000 | 6 months |
| Travel across state lines or abroad to evade support | Over 1 year | $5,000 | 2 years |
| Willful failure to pay, child in another state | Over 2 years | $10,000 | 2 years |
A second or later offense of the first kind also carries up to 2 years. A support order in effect for the period creates a rebuttable presumption that the parent was able to pay, and a conviction brings mandatory restitution of the full unpaid amount at sentencing (§228(b) to (d)).
State rules on interest, licenses and crimes
| State | Interest on arrears | License action starts at | Criminal nonsupport |
|---|---|---|---|
| Texas | 6% simple a year | Overdue support of 3 months or more, plus a missed repayment schedule | State jail felony (Penal Code §25.05) |
| California | 10% a year on support judgments | More than 30 days behind for new or renewed licenses; over 4 months for suspension of existing ones | Misdemeanor, up to 1 year in county jail; after a final court finding of parentage known to the parent, up to 1 year in county jail or a year and a day in state prison (Penal Code §270) |
| New York | 9% a year, required in a judgment for arrears when the default was willful | Arrears of 4 months of support (driving privileges) | Class A misdemeanor; class E felony with a prior conviction within 5 years |
| New Jersey | Not covered here | Not covered here | Not covered here |
| Colorado | 10% a year, may compound annually, accruing since July 1, 2021 | Professional and recreational licenses: more than 6 months owed while paying under half of current support | Class 5 felony (C.R.S. §14-6-101) |
| Pennsylvania | Not covered here; a court may add a penalty of up to 10% if willful | 3 months of support owed when income cannot be attached | Summary offense; third-degree misdemeanor in limited cases |
| Virginia | Judgment rate under Va. Code §6.2-302, unless waived in writing | 90 days or $5,000 delinquent | Misdemeanor, up to 12 months in jail (Va. Code §20-61) |
| Arizona | 10% simple a year, on principal only | At least 6 months in arrears and willful nonpayment | Class 6 felony (A.R.S. §25-511) |
| Florida | State judgment rate, set quarterly | Driver license: notice of intent to suspend possible at 15 days delinquent | First-degree misdemeanor; third-degree felony when $5,000 or more has been owed for over a year, or on a fourth offense |
Notes on interest
Texas charges 6% simple interest on the delinquent amount above one month's support, and on arrears confirmed into a money judgment (Tex. Fam. Code §157.265). California applies the general 10% judgment rate to support judgments, with interest on each installment from its due date (Code Civ. Proc. §§685.010, 685.020). In New York, a judgment for arrears must include interest at the judgment rate, 9% under CPLR 5004, when the default was willful, meaning the parent knowingly, consciously and voluntarily disregarded the order (Family Ct. Act §460; Dom. Rel. Law §244 in divorce cases). Colorado sets interest at two points above the 8% legal rate in C.R.S. §5-12-101 on debt due on or after July 1, 2021, which may be compounded annually. Debt due before that date carried four points above the legal rate, which may be compounded monthly, but after July 1, 2021 interest on all arrears accrues at the newer rate. The parent owed support can waive it (C.R.S. §14-14-106(1)). Virginia adds interest from the date support is set or retroactively modified (Va. Code §20-78.2). Arizona interest starts at the end of the month after the payment was due; pre-order "past support" reduced to judgment since September 26, 2008 carries none (A.R.S. §25-510). Florida's Chief Financial Officer sets the judgment rate every quarter, and the rate on a support judgment entered by the clerk under Fla. Stat. §61.14 stays at the rate in force when the judgment was obtained (§55.03).
Notes on licenses and other tools
In Pennsylvania the order to deny or suspend a license follows 30 days' notice, and the parent can contest only a mistake about the amount or their identity (23 Pa.C.S. §4355). In Florida the notice gives the parent 20 days from mailing to pay, sign a payment agreement, file a petition to contest or show a listed exemption, such as receiving unemployment compensation, SSI or SSDI; a timely petition to contest stays the suspension until the court rules. Non-agency cases follow the same steps when the receiving parent asks (Fla. Stat. §61.13016). Virginia reinstates a suspended license when the parent pays or agrees to clear the debt within 10 years and makes a first payment of at least 5% of it or $500, whichever is greater (Va. Code §63.2-1937). The criminal offense in Pennsylvania is a misdemeanor only if the parent moved out of state intending not to comply and either has a prior offense or owes 12 months of support or more (23 Pa.C.S. §4354).
Time limits on enforcement
These limits apply to particular remedies, dates and kinds of judgment. They do not, on their own, set a date when a support debt is wiped out.
- Texas: the court keeps power to hold a parent in contempt if the enforcement motion is filed by the 2nd anniversary, and to confirm arrears and render a cumulative money judgment if that motion is filed by the 10th anniversary, of the date the child becomes an adult or the obligation ends (Tex. Fam. Code §157.005). The section does not say how long a judgment already rendered can be enforced.
- California: a support judgment is enforceable until paid in full and never needs renewal (Fam. Code §291).
- New York: an action to enforce a support order or judgment must start within 20 years of the missed payment; the rule covers orders entered after it took effect (CPLR 211(e)).
- Virginia: a judgment created by nonpayment of child support dated on or after July 1, 2021 can be enforced for 20 years, and the period can be extended by recording a certificate before it runs out (Va. Code §8.01-251).
- Arizona: support judgments never need renewal and run until paid, but if collection starts more than 10 years after the youngest child is emancipated, the parent can argue unreasonable delay (A.R.S. §25-503).
- Florida: an action on a judgment of a Florida court of record has a 20-year limit (Fla. Stat. §95.11).
Rates tied to a judgment rate, such as Florida's quarterly rate, change over time. This guide is general information, not advice on a particular debt; the state agency can give the official balance for a case.