How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Kansas
Kansas child support arrears are not erased by a later change before the first day of the month after filing. We found no expiration date, and interest is presumed at 10% a year.
Do child support arrears expire in Kansas?
The sections we read set no expiration date for support arrears, and we are not stating one. A later modification reaches back only to the first day of the month after the motion is filed (K.S.A. 23-3005(b)), so earlier installments are not reduced. Ask a licensed Kansas attorney how any judgment dormancy or revival rule applies to your debt.
| Question | Kansas rule |
|---|---|
| Retroactive changes | Only to the first day of the month after the motion is filed (23-3005(b)) |
| Interest | 10% a year presumed, simple (16-204(e)(3)) |
| Withholding | Can issue at one month of arrearage (23-3103(c)) |
| Direct payments | Only with court approval and written proof (23-3004) |
| Lien on an increase | Not a lien on real property until the order date (23-3005(b)) |
| Time limit to collect | We found none in the sections we read; ask an attorney |
Can a judge forgive child support arrears in Kansas?
Not by modifying past installments before the filing month. The way to limit arrears is to file a motion to modify as soon as your circumstances change; the court can then make the change retroactive to the first day of the following month.
Does the lien rule help the paying parent?
A little. An increase in support effective before the judgment is filed does not become a lien on real property until the date of the order (23-3005(b)), so a retroactive increase does not reach back into a property lien.
Can income withholding be ended?
On motion, the court shall modify or terminate the withholding order because of a modification or termination of the underlying support order, or to reflect payment in full of the arrearage, and the obligor can move to terminate it if all interested parties have a written alternative arrangement (23-3107(a), (c)).
What can you contest in a withholding notice?
Only a mistake of fact about the amount of the support order, the arrearage, the amount of income to be withheld or the obligor’s identity, by a motion filed within seven days of service that specifies the uncontested amount; a knowingly false motion is punishable as contempt (23-3106(a)). That is not a way to erase the debt.
Does withholding for arrears have priority over my other debts?
Yes. An income withholding order has priority over any other legal process under state law against the same income, without regard to earlier or later garnishments, attachments or wage assignments (23-3105(a)). That is why a payment plan with withholding is hard to avoid once an order issues.
Must the payor help locate the obligor?
A payor must respond within 10 days to written or electronic requests from the public office for the obligor’s name, address, work location, income, deductions, pay schedule and health coverage (23-3104(a)). Employers are part of how arrears are found, not just collected.
Do arrears survive when the child turns 18?
Yes. The end of current support does not erase installments already owed. See the Kansas child support end date calculator.
What should you do about a large balance?
Get the official balance, compare it with the Kansas child support arrears calculator, ask about a payment plan, and if your circumstances changed, file a motion to modify right away.
Frequently asked questions
Do Kansas child support arrears expire?
The sections we read set no expiration date; ask a licensed attorney how any limitation or dormancy rule applies.
Can a Kansas judge forgive child support arrears?
Not by modifying installments before the filing month.
How far back can a Kansas modification go?
To the first day of the month following the filing of the motion.
Can Kansas withholding be terminated?
On motion when the underlying order is modified or terminated, the arrearage is paid, or all parties agree in writing to an alternative arrangement.
Do Kansas arrears survive when the child turns 18?
Yes. Installments already owed stay owed and keep drawing interest.
Official sources
- K.S.A. 16-204: interest on judgments; 10% presumption for support
- K.S.A. 23-3103: income withholding orders
- K.S.A. 23-3106: contest and stay of withholding
- K.S.A. 23-3105: priority of withholding
- K.S.A. 23-3004: payments through the central unit
- K.S.A. 23-3102: definitions, including arrearage
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
- K.S.A. 23-3107: modification or termination of withholding
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 Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.