What Are Arrears in Child Support Family Law?
Posted by Steven Miller in Child Support on April 23, 2026
Key Takeaways:
- Arrears only exist when a court order has been formally established.
- Florida applies a 5.81% annual interest rate on unpaid child support.
- Enforcement tools include wage garnishment, license suspension, tax refund interception, and property liens.
- Modifications adjust future payments only; existing arrears remain fully owed.
- Unpaid arrears survive a child turning 18 and remain collectible indefinitely.
When parents start asking, “What are arrears in child support?” it usually means payments have already stopped, the stakes are rising, and the answers feel anything but clear. At Steven Miller, we help Florida families understand their rights when child support debt becomes a real problem, whether the concern involves recovering overdue payments or addressing arrears before enforcement actions take hold.
Schedule your free consultation with Steven D. Miller, P.A. and move forward with confidence.
What Are Child Support Arrears in Florida?
Child support arrears are the total accumulated balance of unpaid, court-ordered child support payments a parent has failed to make. Understanding “What are arrears in child support?” starts with one foundational point: arrears can only exist once a court has formally established a support order. Without a valid order, unpaid amounts under a verbal or private agreement do not legally constitute arrears under Florida law.
Florida family law sources confirm that child support arrears in Florida are the total accumulated amount of unpaid, court-ordered child support payments, which continue to accrue interest and do not expire even after a child turns 18. These overdue payments can result in severe penalties, including wage garnishment, driver’s license suspension, tax refund interception, property liens, and jail time.
According to Florida Statute §61.14, the termination of current child support when a child reaches adulthood does not terminate the obligation to pay any outstanding arrearage, retroactive support, or delinquency owed by the paying parent.
What’s the Difference Between Child Support Arrears and Retroactive Child Support?
Arrears refer to payments missed after a court order existed, while retroactive child support covers amounts ordered for a period before any formal order was issued. Under Florida Statute §61.30, the child support guidelines framework applies to both initial proceedings and modification requests. Retroactive support becomes arrears only when a parent falls behind on the payments a court has ordered.
Common Causes Behind Missed Child Support Payments
Parents searching for “What are arrears in child support?” have often seen payments stop for reasons that Florida courts evaluate within a clear legal framework. The most frequent causes fall into three categories:
- Financial hardship: A sudden job loss, unexpected medical expenses, or a significant income reduction can make court-ordered payments temporarily unmanageable, though none of these circumstances suspend the legal obligation without a formal modification.
- Miscommunication: Confusion about updated court orders, changes to custody arrangements, or gaps in payment processing can create unintentional shortfalls that compound quickly.
- Willful noncompliance: Some paying parents choose to disregard court-ordered obligations entirely, a decision that Florida courts address with increasingly stronger enforcement tools.
How Are Child Support Arrears Calculated in Florida?
The calculation of back child support adds up every payment missed or underpaid since the order took effect, with each shortfall joining the growing arrears balance. Florida applies an annual interest rate of 5.81% on unpaid child support, and the total climbs steadily the longer the debt remains unresolved. Partial payments go toward the principal balance first, then toward accrued interest, which matters when negotiating a repayment arrangement with the court or the Florida Department of Revenue.
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Legal Consequences of Letting Child Support Arrears Accumulate
Unpaid child support arrears in Florida trigger enforcement consequences across multiple areas of a parent’s life. The consequences include:
- Legal penalties: A court can hold a non-paying parent in contempt, resulting in fines or jail time for willful refusal to comply with a support order.
- Interest charges: Florida’s 5.81% annual rate compounds the total owed every year the debt remains unpaid.
- Wage garnishment: An income withholding order directs employers to deduct child support automatically from each paycheck, following the paying parent through job changes.
- Seizure of assets: The Florida Department of Revenue intercepts federal and state tax refunds and redirects those funds toward the outstanding balance.
- Liens on property: Courts place liens on real estate owned by the non-paying parent, blocking any sale or transfer until arrears are satisfied.
- Suspension of licenses: Driver’s, professional, and recreational licenses, including hunting and fishing permits, are suspended when payments remain delinquent.
- Passport denial: Federal enforcement may deny or revoke a passport if a person has $2,500 or more in child support arrears.
How to Collect Child Support Arrears in Florida
Florida law gives receiving parents a structured set of legal tools to recover unpaid child support, and the process can move faster than many parents expect. Available mechanisms range from administrative actions that the Department of Revenue can initiate without a new court order to judicial remedies that require a return to court, and we guide receiving parents through whichever path fits their situation.
How to Enforce Child Support Arrears Through the Court System
When administrative enforcement falls short, Florida circuit courts offer direct remedies with real consequences. A receiving parent can file a motion for civil contempt, triggering a hearing where the paying parent must show payments were made or justify non-payment. Courts can order repayment plans, issue bench warrants, levy bank accounts, and impose incarceration for willful refusal. Florida maintains no statute of limitations on collecting child support arrears, so overdue balances remain collectible regardless of how many years have passed.
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Child Support Modification and Mediation Options
A parent facing genuine financial difficulty has one responsible path forward: filing a petition for modification before arrears accumulate further. Florida courts consider modification requests when a parent demonstrates a substantial change in circumstances, such as documented job loss, a medical condition, or a significant income reduction.
Any modification applies only to future payment obligations, as past-due arrears remain fully owed under the existing order. Mediation offers a constructive alternative, allowing both parties to negotiate revised terms with a neutral mediator rather than having every decision made by a judge.
What Should You Do If You Can’t Pay Child Support or Are Behind on Payments?
For parents wondering “What are arrears in child support?” and watching the balance grow, the single worst response is inaction. Parents who stop paying without filing a modification petition allow arrears and interest to build while exposing themselves to escalating enforcement.
Documenting the financial change, continuing to pay whatever amount remains manageable, and filing a formal petition promptly all factor into how a Florida court views the situation. Judges look more favorably on parents who demonstrate genuine effort than on those who walk away entirely.
Can Child Support Arrearages Be Wiped Out?
In most situations, no; courts hold narrow authority to forgive past-due child support because these payments belong to the child, and eliminating them conflicts directly with the child’s financial interests. A judge may approve a repayment plan or, in rare circumstances, reduce the balance, but outright forgiveness remains uncommon. Bankruptcy does not discharge child support arrears, though Chapter 13 reorganization can help by clearing other debts and freeing up income to address the outstanding balance.
Contact a Florida Family Law Attorney About Your Child Support Case
Child support arrears carry serious financial and legal consequences in Florida, and knowing “What are arrears in child support?” before enforcement escalates makes a real difference. At Steven Miller, we work with Florida parents who need straight answers and a plan that actually moves their case forward. Call (877) 348-3354 for a free consultation today.
Steven D. Miller, P.A.
With over three decades of experience, Steven D. Miller is a Florida family law attorney known for his straightforward, no-nonsense legal advice. Today, he focuses on providing affordable, flat-fee divorce services across Florida, helping clients navigate the legal system without large retainers or hourly billing. Known for his blunt honesty, client-first approach, and commitment to making the law accessible, Steven is a BBB-accredited attorney based in Plantation, FL.
