How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Vermont
Vermont child support arrears can be enforced until six years after the youngest child reaches majority. A court can deem arrears judicially unenforceable only when no duty of support remains and the obligor cannot pay.
Can Vermont child support arrears be changed?
Installments that accrued before the motion is filed cannot be modified; only future installments and those after notice can (15 V.S.A. 660(e)).
| Question | Vermont rule |
|---|---|
| Reducing arrears | Not by the court; but see judicially unenforceable arrears below |
| Surcharge | May be discharged for the period after the last judgment on proof of inability (606(d)(2)) |
| Enforcement window | Six years after the youngest child reaches majority (606(c)) |
| Postsecondary amount | Six years after the child is no longer covered (606(c)) |
| Judicially unenforceable arrears | Possible when no duty of support remains and the obligor cannot pay (660(f)) |
| Setting that aside | Possible on newly discovered evidence or a change in circumstances (660(g)) |
Do child support arrears expire in Vermont?
There is a window to sue: an action to enforce a judgment for support installments may be brought no later than six years after the youngest child covered by the order attains the age of majority, or six years after a child covered by an agreed postsecondary amount is no longer covered (606(c)).
Can arrears be deemed judicially unenforceable?
Yes, in a narrow case. On the court’s motion or the Office of Child Support’s motion, in cases where there is no longer a duty of support, the court may deem arrears judicially unenforceable if it finds that the obligor is presently unable to pay through no fault of his or her own, has no known income or only nominal assets, and has no reasonable prospect of paying in the foreseeable future (660(f)).
Can that finding be undone?
Yes. On motion of the obligee or the office, the court may set aside the judgment on newly discovered evidence or a real, substantial and unanticipated change if the obligor is now able to pay, has income or has more than nominal assets, or has a reasonable prospect of paying (660(g)). Do not treat the finding as permanent.
What does a determination of the amount due do?
On a motion by the person owed or the Office of Child Support in assistance cases, the court renders judgment for the amount due after notice and a hearing; more motions can follow for later unpaid balances, and it may order restitution to the department or payment through the office (606(a)).
Is the six-year window the same for every installment?
The statute measures it from the youngest child reaching the age of majority, or from when a child covered by a postsecondary amount is no longer covered (606(c)), so older installments are enforceable as long as that window is open.
Can the other parent agree to forgive arrears?
The sections we read give the court no power to forgive arrears on a private agreement. Ask the court to approve any settlement and the Office of Child Support if it holds an assigned share.
Do arrears survive when the child turns 18?
Yes. Each installment is a judgment from its due date (606(b)), and the six-year window runs from the youngest child’s majority. See the Vermont child support end date calculator.
What should you do about a large balance?
Get the official balance, compare it with the Vermont child support arrears calculator, ask for a repayment plan, and if your circumstances changed, file to modify right away.
Frequently asked questions
Can a Vermont judge reduce past-due child support?
Not for installments before the motion is filed; arrears can only be deemed judicially unenforceable in a narrow case.
How long does Vermont have to collect child support arrears?
Six years after the youngest child reaches the age of majority.
What does judicially unenforceable arrears mean in Vermont?
A court finding, when no duty of support remains and the obligor cannot pay, that the arrears cannot be enforced.
Can a Vermont finding of unenforceable arrears be reversed?
Yes, if the obligor later can pay.
Do Vermont arrears survive when the child turns 18?
Yes, for the six-year window.
Official sources
- 15 V.S.A. 606: judgments, surcharge, enforcement window
- 15 V.S.A. 797: civil penalties
- 15 V.S.A. 798: license suspension
- 15 V.S.A. 799: trustee process
- 15 V.S.A. 795: licenses and contracts
- 15 V.S.A. 660(f), (g): arrears judicially unenforceable
- 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 Vermont statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Vermont attorney.