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

By the FigureMyTax Editorial Team · How we calculate

North Carolina child support arrears generally cannot be reduced: each past-due payment is vested when it accrues unless a motion was filed before it was due. No arrears accrue during certain periods, such as incarceration without resources.

Can North Carolina child support arrears be changed?

Generally not. Each past-due payment is vested when it accrues and may not be vacated, reduced or modified in any way for any reason, except that a vested payment may be divested if, but only if, a written motion was filed and due notice given before the payment was due, or promptly after a compelling reason ended (G.S. 50-13.10(a)).

Question	North Carolina rule
Changing vested payments	Not unless a written motion was filed before the payment was due, or promptly after a compelling reason ended (50-13.10(a))
Incarcerated without resources	No arrearage accrues while not on work release (50-13.10(d)(4))
Interest	8% legal rate on a money judgment (24-5(b))
After termination	Payments continue in the same total amount until the arrears and fees are paid (50-13.4(c))
Time limit to collect	We found none in the sections we read; ask an attorney
Nonpaternity	A father may seek relief within one year of learning he is not the father (50-13.13)

Do child support arrears expire in North Carolina?

We found no limitation period for unpaid support in the sections we read, and we are not stating one. Vested payments carry the force of a judgment for full faith and credit (50-13.10(b)). Ask a licensed North Carolina attorney how any judgment limitation or renewal rule applies to your debt.

When do arrears not accrue at all?

After the child’s death or the supporting party’s death; while the child lives with the supporting party under a valid court order or agreement transferring primary custody; while the supporting party is incarcerated, not on work release and without resources; and for foster care assistance owed to the State while the child is in the custody of social services (50-13.10(d)). These are statutory rules, not forgiveness.

What happens to the payment when the child ages out?

If an arrearage or fees are due when the obligation terminates, payments continue in the same total amount that was due under the previous order or withholding and are applied to the arrearage until all arrearages and fees are satisfied or until the court orders otherwise (50-13.4(c)). See the North Carolina child support end date calculator.

Does a payment received late by the State unit count as late?

Not if the payment was actually made to and received on time by the party entitled to it and is shown by a canceled check, money order or dated receipt (50-13.10(e)). Keep receipts for every payment.

Is there a payment plan?

A stay of license revocation can be conditioned on paying the delinquency over time and keeping current support (50-13.12(b)), and a IV-D obligor with a payment schedule approved by the obligee is in compliance (110-142(4)). Ask for it in writing.

What should you do about a large balance?

Get the official balance, compare it with the North Carolina child support arrears calculator, ask for a payment schedule, and if your circumstances changed, file a written motion to modify right away.

Frequently asked questions

Can a North Carolina court reduce past-due child support?

Not once it is vested, unless a written motion was filed before the payment was due or promptly after a compelling reason ended.

Do North Carolina child support arrears expire?

We found no limitation period in the sections we read; ask a licensed attorney.

Do North Carolina arrears accrue while the payer is in prison?

Not if the payer is not on work release and has no resources to make the payment.

Do North Carolina arrears survive when the child turns 18?

Yes. Payments continue in the same total amount until the arrears are paid.

Is there a North Carolina payment plan for arrears?

A license revocation can be stayed on conditions of paying over time; a IV-D payment schedule approved by the obligee counts as compliance.

Official sources

Going through a divorce or custody case in North Carolina?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a North Carolina attorney

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