How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Alaska
Alaska child support arrears are vested judgments that courts cannot forgive or modify after they are due. The Alaska Supreme Court has held that the ten-year limits do not bind the agency, arrears owed to the state can be partly forgiven, and parents can agree in writing to reduce arrears between themselves.
Do child support arrears expire in Alaska?
The Alaska Supreme Court has held that the ten-year limit in AS 09.10.040 does not apply to the agency’s collection of child support judgments (the Koss decision) and that AS 09.35.020 does not apply to the agency’s administrative collection procedures (the Gerke decision). Because each payment is a vested judgment (AS 25.27.225), do not assume old arrears are gone, and ask an attorney how time limits apply if the debt is being collected through a court or privately.
| Question | Alaska rule |
|---|---|
| Past-due payments | Vested judgments; no retroactive modification (AS 25.27.225; Civil Rule 90.3(h)(2)) |
| Court forgiveness | The system does not empower a court to forgive or modify payments after they are due (State v. Demers) |
| State-owed arrears | The agency may forgive up to 20% of the state arrearage a year, including interest, in its program (AS 25.27.020(f)-(g)) |
| Agreed reduction between parents | Allowed by written agreement if neither parent received public assistance (form SHC-1245) |
| Acquiescence | May preclude collecting arrears for more than six consecutive months of the obligor having primary custody, on clear and convincing evidence (Rule 90.3(h)(3)) |
Can a judge forgive child support arrears in Alaska?
No. The Alaska Supreme Court held in State v. Demers, 915 P.2d 1219 (Alaska 1996), that the system the legislature created does not empower a court to forgive or modify child support payments after they become due and unpaid. Child support arrearage may not be modified retroactively (Civil Rule 90.3(h)(2)).
Can arrears owed to the state be forgiven in Alaska?
Yes, through the agency’s program for arrears owed to the state for public assistance. With the commissioner’s approval, the agency may forgive up to 20 percent of the total arrearage owed to the state each year, including interest, if the obligor, among other conditions, has or obtains employment for which income withholding is started, completes an approved employment training program, or enters an agreement for alternative payment, and makes monthly payments under an approved payment agreement; missing more than two payments in a calendar year, or more than two in a row, ends eligibility (AS 25.27.020(f)-(g)).
Can parents agree to reduce arrears?
Yes, in one case: if both parents agree to reduce the arrears and neither received public assistance from the State of Alaska, they can file a written agreement, and the court system offers a form (Agreement & Order for Child Support Arrears Settlement, SHC-1245). If either parent received assistance and the obligor was to pay the state, the agency must agree before the parents can reduce the state debt (court system FAQ).
Can acquiescence block collecting arrears?
A court may find that a parent, and the parent’s assignee, are precluded from collecting arrearages that accumulated during more than six consecutive months in which the parent agreed or acquiesced to the obligor exercising primary custody, but the finding must rest on clear and convincing evidence (Rule 90.3(h)(3)).
Do arrears survive when support ends?
Yes. The obligation to pay what has already come due does not end when current support ends; see the Alaska child support end date calculator. If the custodial parent who applied for services withdraws, the paying parent still owes current and past-due support (agency enforcement FAQ).
What should you do about a large balance?
Get an official balance from the agency, compare it with the Alaska child support arrears calculator, ask about a payment agreement and the forgiveness program, and if your circumstances changed, file to modify the order right away because only later installments can change.
Frequently asked questions
Do Alaska child support arrears expire?
The Alaska Supreme Court has held that the ten-year limits do not apply to the agency's collection of child support judgments, and each payment is a vested judgment, so old arrears may still be collectible.
Can a judge forgive child support arrears in Alaska?
No. The Alaska Supreme Court has held that a court is not empowered to forgive or modify payments after they become due and unpaid.
Can Alaska arrears owed to the state be forgiven?
Yes. Through the agency's program it may forgive up to 20% a year of the state arrearage, including interest, if the obligor meets the statute's conditions.
Can Alaska parents agree to reduce child support arrears?
Yes, by written agreement if neither parent received public assistance from the State of Alaska.
Do Alaska arrears survive after a child turns 18?
Yes. Payments that came due remain vested judgments after current support ends.
Official sources
- AS 25.27.225: support payment obligations as judgments
- AS 25.27.226: collection of past due support
- AS 25.27.020: duties of the agency, interest and arrears forgiveness
- AS 25.27.025: rate of interest
- Alaska Civil Rule 90.3(h)(2): no retroactive modification
- Alaska Child Support Enforcement Division: Permanent Fund Dividend FAQ
- Alaska Child Support Enforcement Division: licensing FAQ
- Alaska Court System: child support FAQ
- Alaska Supreme Court: the Koss decision on AS 09.10.040 and child support judgments
- Alaska Supreme Court: the Gerke decision on AS 09.35.020 and agency collection
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alaska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alaska attorney.