Interest on Child Support Arrears in Virginia: Rate, Simple vs. Compound and When It Applies

By the FigureMyTax Editorial Team · How we calculate

Virginia child support arrears are final judgments that carry interest at the 6% judgment rate unless the obligee waives it in writing. The court may add attorney fees at three months of arrears.

Does Virginia charge interest on child support arrears?

Yes, Virginia child support interest is part of the order. The order for support is a final judgment for any sum in arrears, and it includes an amount for interest on the arrearage, from the date support is established or retroactively modified, at the judgment rate of interest set by Va. Code 6.2-302, unless the obligee waives collection of interest in a writing submitted to the court (20-78.2).

What is the Virginia judgment rate?

Six percent a year (6.2-302(A)). The rate in effect when the judgment is entered applies to the amounts for which judgment is entered and is not changed by later changes in the rate (6.2-302(C)). The Virginia arrears calculator applies it.

Each figure assumes no payments and counts each installment after its due month.

Is support retroactive to filing for a first order?

For a first order, liability is determined retroactively from the date the proceeding was filed, if the complainant used due diligence in serving the respondent, or from delivery of an agency order to the sheriff, if earlier (20-108.1(B)). That is different from modification, which reaches only from notice.

Is there a fee for a payment history?

The sections we read set none; ask the Division of Child Support Enforcement or the clerk for a free payment history and keep your own bank records to compare.

Do I owe interest on interest?

The statute does not provide for compounding, so interest runs on the arrearage and not on prior interest unless the court’s order says otherwise. Compare your payoff with the calculator.

Are payments applied to interest first?

The order lists payments to current support first and then to arrearages (20-60.3(9)); interest is a separate item in the judgment, so ask for the ledger showing how each payment was applied.

Can a Virginia obligee give up the interest?

Yes, but it has to be in a writing submitted to the court (20-78.2). A casual promise does not count. If you owe, ask whether a waiver is on file.

Can the Virginia court add attorney fees?

Yes. The order may include reasonable attorney fees if the total arrearage for support, excluding interest, is equal to or greater than three months of support (20-78.2).

Is Virginia child support interest simple or compound?

The statute does not call for compounding; the calculator uses simple interest. Ask the clerk or the Division of Child Support Enforcement how your balance was computed.

When does Virginia interest start?

From the date support is established or retroactively modified, as the order states (20-78.2). Read your order for the date it uses.

Is interest charged on fees too?

The statute adds interest on the arrearage and allows reasonable attorney fees separately, measured against arrears excluding interest (20-78.2); ask whether the fees were added to the judgment.

Where do you get the official figure?

From the Division of Child Support Enforcement or the court clerk. See whether arrears can be changed and file to modify if your circumstances changed.

Frequently asked questions

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

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.