What Happens to Child Support Arrears?
Past-due child support, known as arrears, does not simply vanish because time has passed or because the payer says they cannot afford it. In Washington, arrears remain owed, they keep growing with interest, and they stay collectible for a long time. The Law Office of Chad Foster helps Snohomish County families with divorce, custody, and support.
Arrears Are a Debt That Stays Owed
When a parent misses child support payments, the unpaid installments do not disappear. Each payment that came due and went unpaid becomes part of the arrears, a running balance the paying parent still owes. Washington treats that balance seriously. The state's continuing jurisdiction over support cases reflects it: under RCW 26.18.040 and RCW 26.18.050, a court retains authority over a support matter and may use enforcement tools, including contempt, until the parent satisfies all duties of support, including arrearages, that accrued under the order. The child turning eighteen does not automatically cancel arrears. Collection still has statutory time limits: RCW 6.17.020(2) generally allows enforcement of qualifying support judgments and orders obtained after July 23, 1989, within ten years of the eighteenth birthday of the youngest child named in the order for whom support is ordered. Older orders and interstate cases need separate review; do not assume an old balance is collectible forever. Collection may begin with enforcing the existing child-support order.
Arrears Accrue Interest
Arrears do not just sit still. In Washington, unpaid child support carries interest, and the rate is set by statute. Under RCW 4.56.110, all judgments for unpaid child support that have accrued under a superior court order, or under an order entered through the administrative process, bear interest at the rate of twelve percent. That is a meaningful figure. A balance that goes unaddressed for several years can grow substantially, because interest adds to the underlying past-due support. For the parent owed the money, interest can be part of what is collected, but it needs a proper accounting. Under WAC 388-14A-8600, DCS does not assess or collect interest on Washington support orders unless the interest amount has been reduced to a judgment. For the parent who owes it, letting arrears sit is an expensive strategy.
You Generally Cannot Wipe Out Arrears Retroactively
One of the most important things to understand about arrears is that a court usually cannot erase them by reaching back in time. Washington law limits how far a support modification can reach. Under RCW 26.09.170, the provisions of a decree respecting support may be modified only as to installments accruing after the petition for modification or motion for adjustment is filed. In everyday terms, that means a change to a support amount looks forward from the date you ask for it, not backward. Payments that already came due before the petition remain owed at the original amount, even if a parent's income dropped months earlier. The restriction on retroactive child-support modification makes prompt filing important.
This rule has a hard practical consequence. If a paying parent loses a job or has a genuine change in circumstances, the time to act is immediately, by filing to modify support. Waiting does not protect them, because the arrears that pile up in the meantime cannot be undone later. A parent who assumes they can explain away past-due support after the fact by pointing to old hardships is usually mistaken. The obligation was set by the order in force at the time, and only installments accruing after a modification petition can be adjusted.
How Arrears Get Collected
Because arrears remain a live, enforceable debt, the same tools that enforce ongoing support also reach the past-due balance. Under chapter 26.18 RCW, a parent owed support can pursue a mandatory wage assignment, and RCW 26.18.070 allows a petition for one when the paying parent is more than fifteen days past due in an amount equal to or greater than one month's obligation. Contempt is available too, and under RCW 26.18.050 a parent who claims they could not pay must show they used due diligence in seeking work and conserving assets, so a bare claim of hardship will not defeat a collection effort.
The state's Division of Child Support adds administrative muscle under chapter 26.23 RCW. Through an income withholding order under RCW 26.23.060, the Division can require an employer to deduct support directly from the paying parent's earnings, remit it to the Washington State Support Registry, and do so with priority over other garnishments and wage assignments, up to fifty percent of the parent's disposable earnings. That withholding can be structured to chip away at arrears in addition to keeping current support flowing. The Division can also bring other pressure to bear on parents who fall seriously behind, including certifying a parent for license suspension under RCW 74.20A.320, which can affect a driver's license as well as professional and recreational licenses.
What This Means for Both Parents
For the parent who is owed support, the takeaways are encouraging. Arrears can remain collectible after ongoing support ends, but enforcement deadlines and interest accounting matter. Washington provides collection tools through the courts and the Division of Child Support. For the parent who owes, the message is a caution. The debt is durable, the interest is steady, and the only reliable way to change what is owed going forward is to file for modification promptly, because RCW 26.09.170 will not let a court reach backward to forgive installments that already came due.
Getting Help With Arrears in Snohomish County
Arrears cases can be complicated, especially when interest has been accruing for years or when the paying parent's income has changed along the way. Whether you are trying to collect years of unpaid support or you have fallen behind and want to address it the right way, the Law Office of Chad Foster can help you understand where you stand and what to do next here in Snohomish County. Reach out for a conversation about your options.
Need help with a child custody or support matter in King or Snohomish County? Learn about our child custody and support services, or call 425.785.8679 for a consultation.