How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Kentucky
Kentucky child support arrears survive emancipation and cannot be changed for installments before a motion is filed. We found no expiration date, and a judgment bears 12% interest compounded annually.
Do child support arrears expire in Kentucky?
The sections we read set no expiration date for support arrears, and we are not stating one. The statute says emancipation of the child does not terminate the obligation of arrearages that accrued while the child was an unemancipated minor (KRS 403.213(3)), and a modification reaches only installments accruing after the filing of the motion (403.213(1)). Ask a licensed Kentucky attorney how any judgment limitation or revival rule applies to your debt.
| Question | Kentucky rule |
|---|---|
| Retroactive changes | Only installments accruing after the filing of the motion can change (403.213(1)) |
| Arrears after emancipation | Emancipation does not terminate arrears that accrued while the child was an unemancipated minor (403.213(3)) |
| Interest | 12% compounded annually on a judgment (360.040(2)) |
| Death of the paying parent | Support is not terminated; the amount may be modified, revoked or commuted to a lump sum (403.213(3)) |
| Liens | Assigned case; one month and property value above cost (921 KAR 1:410) |
| Time limit to collect | We found none in the sections we read; ask an attorney |
Can a judge forgive child support arrears in Kentucky?
Not by modifying installments before the filing. The way to limit arrears is to file a motion to modify as soon as your circumstances change. A court can set a payment schedule for an arrears judgment, which changes how fast it is paid, not whether it is owed.
What happens if the paying parent dies?
Support is not terminated by death. The amount may be modified, revoked or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances (403.213(3)). If arrears exist, ask an attorney about a claim against the estate.
Does interest keep running on old judgments?
Yes. A judgment for unpaid child support bears 12% interest compounded annually from entry (360.040(2)), so the balance keeps growing until it is paid.
Does the Cabinet need a judgment before enforcing?
No. The Cabinet’s lien, license and withholding tools in an assigned case turn on the arrearage reaching the thresholds in its rules, not on a judgment (921 KAR 1:410). A judgment matters mainly for interest.
What can the court do with an arrears judgment?
It can state the arrearage amount, set a payment schedule and enter a judgment that then bears 12% interest from entry. Court forms for support orders include a line for a monthly payment toward an arrearage judgment with the period it covers, and warn that interest may be charged on delinquent payments (KRS 360.040).
Can a payment plan stop a license action?
In Cabinet cases the regulation lets the obligor contact the Cabinet to negotiate before enforcement steps such as booting; ask the Cabinet in writing about a plan before an arrearage reaches six months of assigned support (921 KAR 1:410).
Do arrears survive when the child turns 18?
Yes. See the Kentucky child support end date calculator for the end date and note that arrears survive emancipation.
What should you do about a large balance?
Get the official balance, compare it with the Kentucky child support arrears calculator, ask the Division about a payment plan, and if your circumstances changed, file a motion to modify right away.
Frequently asked questions
Do Kentucky child support arrears expire?
The sections we read set no expiration date; ask a licensed attorney how any limitation rule applies.
Can a Kentucky judge forgive child support arrears?
Not by modifying installments before the filing; a court can set a payment schedule.
Do Kentucky arrears end when the child is emancipated?
No. Emancipation does not terminate arrears that accrued while the child was an unemancipated minor.
Does Kentucky child support end when the paying parent dies?
No. The amount may be modified, revoked or commuted to a lump sum.
Does interest keep growing on a Kentucky child support judgment?
Yes, at 12% compounded annually until it is paid.
Official sources
- KRS 360.040: interest on judgments; 12% for child support
- 921 KAR 1:410: child support collection and enforcement
- KRS 403.213: only installments after filing can change; arrears survive emancipation
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
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 Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.