How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Arizona

Arizona child support judgments are exempt from renewal and enforceable until paid in full. An obligor can assert unreasonable delay if collection begins more than ten years after the youngest child’s emancipation, and arrears can be reduced by custody defenses, credits or a written waiver.

Do child support arrears expire in Arizona?

A judgment for support, and for associated costs and attorney fees, is exempt from renewal and enforceable until paid in full (A.R.S. 25-503(M)). But if the person owed support or the department tries to collect more than ten years after the youngest child’s emancipation, the obligor may assert unreasonable delay and has the burden to prove it; on a finding of unreasonable delay a tribunal may decide that some or all of the debt is no longer collectible after the date of the finding (25-503(L)).

QuestionArizona rule
JudgmentExempt from renewal and enforceable until paid in full (25-503(M))
Delay defenseCollection more than ten years after the youngest child’s emancipation: the obligor may assert unreasonable delay and has the burden (25-503(L))
Custody defenseVoluntary relinquishment of physical custody to the obligor, in whole or in part (25-503(J)-(K))
Credits and waiversOnly by court order or a written affidavit of direct payment or waiver filed with the clerk (25-510(G)-(H))
Changing the payment on arrearsThe court may adjust it on a substantial and continuing change (Guidelines XVI.C)
Retroactive changesNot for arrears accrued before notice of the motion (25-327(A))

Can a judge forgive child support arrears in Arizona?

Not by simply reducing past-due installments: each vests when due and a modification cannot reach arrears that accrued before notice of the motion (A.R.S. 25-327(A)). Arrears can be reduced through the defenses and credits the statutes provide, such as unreasonable delay, voluntary relinquishment of custody, equitable credits after a hearing or a written waiver by the person entitled to support.

What is the voluntary relinquishment defense?

Voluntary relinquishment of physical custody of a child to the obligor from the obligee is an affirmative defense, in whole or in part, to a petition to enforce arrears. In deciding whether the relinquishment was voluntary the court considers any evidence or history of domestic violence, parental kidnapping or custodial interference. The relinquishment must have lasted longer than any court-ordered parenting time, and the obligor must have supplied actual support for the child (25-503(J)-(K)).

Can the person owed support waive arrears?

A credit against arrears other than by court order can be made only by a written affidavit of direct payment or waiver of support arrearages signed by the person entitled to receive support, or by that person and the obligor, filed with the clerk. In a Title IV-D case the affidavit does not reduce what is owed to the department without its written approval (A.R.S. 25-510(H)).

Can the payment on arrears be lowered?

Yes, on a showing of substantial and continuing changed circumstances the court may adjust the payment on arrears; the court must consider the total arrears, the accruing interest and the time needed to pay, and if the payment is below the accruing monthly interest it must say why (Guidelines Section XVI).

Do arrears survive when support ends?

Yes. When current support terminates but arrears remain, the income withholding order may remain in effect until the arrears and accruing interest are paid (Guidelines XVI.D). See the Arizona child support end date calculator.

What should you do about a large balance?

Get the official figure, compare it with the Arizona child support arrears calculator, ask about a payment plan and, if your circumstances changed, file to modify the order right away.

Frequently asked questions

Do Arizona child support arrears expire?

A judgment for support is exempt from renewal and enforceable until paid in full, but an obligor can raise unreasonable delay if collection begins more than ten years after the youngest child's emancipation.

Can Arizona child support arrears be forgiven?

Not by a court simply reducing them, but through statutory defenses and credits such as unreasonable delay, voluntary relinquishment of custody, equitable credits after a hearing or a written waiver by the person owed support.

What is the voluntary relinquishment of custody defense in Arizona?

An affirmative defense to enforcement of arrears when the obligee voluntarily gave physical custody to the obligor beyond court-ordered parenting time and the obligor supplied actual support.

Can the person owed child support waive arrears in Arizona?

Yes, by a written affidavit filed with the clerk, but in a Title IV-D case it does not reduce what is owed to the department without its written approval.

Do Arizona arrears survive when the child turns 18?

Yes. The income withholding order may remain in effect until arrears and interest are paid.

Official sources

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This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.