How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in Virginia
Virginia child support arrears are judgments that can be enforced for 20 years, with extensions by recorded certificate. Due support cannot be reduced retroactively; only interest can be waived, in writing.
Can Virginia child support arrears be changed?
Not for support that came due before notice of a petition: no support order may be retroactively modified (Va. Code 20-108).
| Question | Virginia rule |
|---|---|
| Support due before notice of a petition | Cannot be modified (20-108) |
| Interest | 6% judgment rate unless waived in writing (20-78.2; 6.2-302) |
| Enforcement window | 20 years for judgments created by nonpayment of child support (8.01-251(A)) |
| Extension | Recording a certificate extends the period 10 years, once more allowed (8.01-251(B)) |
| Attorney fees | Possible at three months of arrears (20-78.2) |
| Payment from an estate | The court has no authority to decree support payable by a deceased party’s estate (20-124.2(C)) |
Do child support arrears expire in Virginia?
Slowly. For a judgment dated on or after July 1, 2021 that was created by nonpayment of child support, no execution can issue and no action can be brought after 20 years from the date of the judgment, unless extended; other judgments run 10 years, and older ones 20 years (8.01-251(A)).
Can the period be extended?
Yes. Recording a certificate in the clerk’s office before the limit expires extends the right to enforce for 10 years from recording, and one more extension is allowed (8.01-251(B)). A creditor who owes you nothing may still do this, so do not assume time has run out.
How are payments applied?
Orders must direct that all payments be credited to current support first, with any excess applied to arrearages, and state who is owed, the amount and the period the arrearage covers (20-60.3(9)).
Does interest keep running during the 20 years?
The order includes interest at the judgment rate on the arrearage unless waived (20-78.2), and the rate in effect at entry of a judgment stays (6.2-302). Ask for an updated payoff before settling.
Does a bankruptcy or move change the window?
The sections we read do not describe either; the 20-year period runs from the date of the judgment, and a recorded certificate extends it (8.01-251). Ask a licensed Virginia attorney about your facts.
Does the limit differ for judgments that are not child support?
Yes. Other judgments dated on or after July 1, 2021 run 10 years, while those created by nonpayment of child support run 20 years (8.01-251(A)), so child support debts last longer.
Does time run out for the other parent to collect?
Not quickly. Twenty years is the limit, and a recorded certificate can add ten years, then another ten (8.01-251(A), (B)). The longer the debt stays unpaid, the more interest it carries unless waived.
Can the other parent agree to forgive arrears?
The sections we read do not describe private forgiveness, and the obligee may waive only the interest, in a writing submitted to the court (20-78.2). Ask the court to approve any settlement and the department if it holds an assigned share.
Do arrears survive when the child turns 18?
Yes. They are judgments, and the 20-year period runs from each judgment. See the Virginia child support end date calculator.
What should you do about a large balance?
Get the official balance, compare it with the Virginia child support arrears calculator, ask for a payment agreement, and if your circumstances changed, file to modify right away.
Frequently asked questions
Can a Virginia judge reduce past-due child support?
No. No support order may be retroactively modified.
How long does Virginia have to collect child support arrears?
Twenty years for judgments created by nonpayment of child support, with extensions.
Can Virginia child support arrears be extended past 20 years?
Yes, by recording a certificate before the period expires.
Can a Virginia parent waive child support interest?
Yes, in a writing submitted to the court.
Do Virginia arrears survive when the child turns 18?
Yes. Each is a judgment.
Official sources
- Va. Code 20-78.2: interest on support arrearage
- Va. Code 6.2-302: judgment rate of interest
- Va. Code 63.2-1937: license suspension
- Va. Code 8.01-251: limitations on enforcement of judgments
- 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 Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.