What does child support arrears mean?

Courts are able to use all necessary methods, including garnishment, to collect child support arrears.

When a court orders child support, any unpaid support is known as “child support arrears.”

Are Child Support Arrears Different from Retroactive Child Support?

Yes, they are different. Retroactive child support is any back amount of child support that a court order.  This means a Court can go back in time and order support starting from a past date.

Unlike retroactive support, child support arrears is the delinquent amount of support owed to a parent that has been ordered to be paid.

Enforcing Wisconsin Child Support Arrears

Wisconsin law places a 20 year statute of limitations on child support that is past due. This 20 year period begins the date the youngest child emancipates or reaches the age of majority, not the date of the last order.

If you are owed support from a parent who has fallen behind on their child support payment, you can file a motion for contempt with the court. One of our Wisconsin family lawyers can guide you through this legal process.

Once a motion is filed with the court, the court will schedule a hearing so arguments can be made, and the court can address the matter. The Judge will make a finding of whether or not the delinquent payer is in contempt.  The Judge will order a payment arrangement to make up for the missed support payments.

Additional penalties a court can place on a delinquent parent include:

• Suspension of a driver’s, business, occupational, fishing or hunting license
• The interception of tax refunds for unpaid support
• Seizure of funds in bank account for the delinquent arrears owed
• Place a lien on any property
• Jail time

Can the Court Impose Interest on Child Support Arrears?

Yes, Wisconsin law allows the Court to impose interest on the arrears at a rate of 0.5% per month. Once a parent falls behind on payments, the child support agency automatically enters an arrears judgment.  Once this is entered, interest will begin accruing on the delinquent balance owed.  That being said, it is in a parent’s best interest to make all support payments in a timely manner.

Contact the family law lawyers at Divergent Law today for legal advice & assistance with your divorce.