State Collection of Arrearages

State Collection of Arrearages

State	Age of Majority	Statute of Limitations on Arrearages	Arrearage Collection for Non-minor Child(ren)
Alabama	19	20 years from date of judgment for purpose of obtaining an order of support	Yes.
Alaska	18, or 19 if child is enrolled in secondary school and residing with custodial parent.	When youngest child reaches age 21, if arrears have been reduced to judgment and judgment is executed on; may be renewed at 10 year intervals	No.
Arizona	18, or when child graduates from secondary school. Additional exceptions exists for handicapped children over 18 under certain circumstances.	Action must be taken within 3 years of date of emancipation of youngest child.	Must be reduced to money judgment within 3 years of emancipation. Collection through realty liens, ex parte wage and non-wage garnishments, orders to appear/show cause; limited use of attachment and execution.
Arkansas	18, or until child graduates from secondary school. Support may be ordered past age of 18 in case of special circumstances such as physical or mental disability.	Under State case law, the previous limitation of five and ten years may be raised as an affirmative defense to collection of past due support when the time period of collections precedes the date when the law was changed.	Yes.
California	18, or, if child enrolled in secondary school, 19 or graduation, whichever comes first. Or if child is declared legally dependent beyond that age due to mental or physical disability.	Enforceable until paid in full.	Yes, if accrual occurred while child was a minor; through tax intercepts, wage assignments, and levies.
Colorado	19, or upon judicial determination.	No limitations. If arrears are reduced to judgment there is a 20 years statute of limitations on the judgment. Judgments are renewable prior to the 20 year expiration.	Yes.
Connecticut	18	None.	Liens, income withholding, civil and criminal actions.
Delaware	18, or 19 if child attending secondary school.	None.	Any enforcement method except tax intercept.
District of Columbia	21 or at emancipation.	12 years unless attempts at payment were made within 12 years.	Only if ordered by superior court; through wage withholding, tax intercept, contempt.
Florida	18, or 19 if child enrolled in secondary school. Or if child is declared legally dependent beyond that age due to mental or physical disability.	None.	Yes, if custodial parent applied for IV-D services.
Georgia	18, or 20 for orders established after 7/92	None.	Yes, through contempt, IRS full collection.
Hawaii	18; can be extended to 23 if child attending higher education or vocational ed.	10 years for orders established in Hawaii, 6 years for out of state orders; no limitation for collection by state of Hawaii.	Any enforcement tool except federal tax refund intercept.
Idaho	18 unless specified by court to extend until 19.	Child's age 23.	Yes, to child's age 23.
Illinois	18, or court discretion.	After 7 years, can be renewed for 20 years.	Yes, most administrative enforcement tools.
Indiana	N/A	N/A	N/A
Iowa	18, or court discretion.	20 years from date of each child support installment.	Yes.
Kansas	18, or 19 if attending secondary school.	Generally, installments due after 7-1-81 are enforceable until 2 years after child is emancipated; with appropriate actions, enforcability may be extended indefinitely; installments due before 7-1-81 may be enforceable but require case-by-case determination. In a preceeding for arrerages, the stature of limitation uner the laws of Kansas or of the state issuing the order, whichever is longer, applies.	Yes.
Kentucky	18, or 19 of attending secondary school.	15 years after the youngest child is emancipated.	Yes, if custodial parent applied for IV-D services.
Louisiana	18, or until secondary school graduation, whichever is first.	5 years	Yes, if existing order prior to emancipation.
Maine	18; orders established after 1/90 which continue until age 19 if attending secondary school	None; However, payment is presumed after 20 years.	Mainly through income withholding, liens, state income tax refund offset, unemployment benefits; no federal tax refund intercept.
Maryland	18	12 years	Any enforcement tool except for federal tax intercept.
Massachusetts	18; court has discretion to order support beyond under certain conditions.	None.	Automated enforcement tools only. Must have existing order.
Michigan	18, or until 19 1/2 for completion of secondary school, or beyond if parties agree.	N/A	Yes, if original order exists. Any enforcement tool except for federal tax refund offset.
Minnesota	18, or until no longer attending secondary school--not to extend past 20 years unless the order specifies.	For judicial actions-10 years from date af accrual. Can be reduced to judgment which extends SOL 10 years and judgment can be renewed. No SOL on administrative actions (tax intercept, billing, credit bureau reporting, etc)	Yes. See Statute of Limitations on Arrearages.
Mississippi	21	7 years beyond age of majority.	None.
Missouri	18, graduation from secondary school, or 21, whichever comes first; unless child enrolls in post-secondary education, then 22.	10 years from the last payment on record.	Yes, through income withholding, state tax refund offset, garnishments, etc. Some county prosecuting attorneys may file civil contempt actions.
Montana	18, or 19 if attending secondary school.	10 years for support due prior to 10/1/93; 10 years from termination of obligation thereafter.	Each monthly support obligation constitutes a judgment and the 10 year limitation begins to run the month the payment becomes due.
Nebraska	19	None.	Income withholding, garnishment, contempt, IRS collections services, state revenue offset, unemployment benefits, and lottery winnings.
Nevada	18, or 19 if attending secondary school.	None if order exists; if no order, retroactive support may be sought back 4 years.	Real property liens and income withholding.
New Hampshire	18, or graduation from secondary school, whichever is later, with certain exceptions for emancipation and disability.	20 years for arrearages adjudicated after 1988.	Yes, if custodial parent applied for IV-D services while child was still a minor.
New Jersey	Court discretion.	None.	Any enforcement tool except for federal tax intercept.
New Mexico	18, unless emancipated at 16 or older.	14 years.	Yes.
New York	21	20 years from date of payment default for orders after 8/7/87; 6 years for orders prior to 8/7/87; 20 years for arrearages reduced to judgment.	Any enforcement tool except for federal tax intercept.
North Carolina	10 years	10 years.	Yes, if custodial parent applied for IV-D services.
North Dakota	18, or 19 if attending secondary school.	10 years after the obligation for current support ceases.	Income withholding, execution of judgments, state tax refund intercept, and limited judicial processes.
Ohio	18, or high school graduation, whichever is later.	N/A	Yes, through wage withholding, contempt, and all other Division D enforcement orders.
Oklahoma	18, or 19 if attending secondary school.	Various case law establishing different limitations.	Yes.
Oregon	18, 21 if attending school half-time or more.	25 years from date of initial order if unexpired child support judgment is still valid as of 1/1/94.	All administrative remedies available.
Pennsylvania	18 and no longer attending secondary school.	None.	Wage attachment, contempt, liens.
Rhode Island	18	None.	No.
South Carolina	18, unless attending secondary school, then court discretion.	Not permitted after an unreasonable and substantial delay and if enforcement would be inequitable (doctrine of laches).	Yes, if custodial parent applied for IV-D services.
South Dakota	18, or 19 if attending secondary school.	6 years if not reduced to judgment and 20 years if reduced to judgment.	Execution of judgments and income withholding.
Tennessee	18, or high school graduation, whichever is later.	10 years after child support was last owed.	Any enforcement tool except for federal tax intercept.
Texas	18, or high school graduation, whichever is later. Court may extend suppport in the case of mental or physical disability.	Motion must be filed within 4 years of termination of support order for reducing arrears to judgment; notice of withholding must be re-filed every 4 years; judgment must be renewed every 10 years.	Action cannot be initiated by child; limited collection mechanisms.
Utah	18, or high school graduation.	8 years	Yes, if custodial parent applied for IV-D, non-TANF services.
Vermont	18, unless secondary education included in order.	6 years from youngest child's reaching age of majority or after post-secondary education if included in order.	Yes.
Virginia	19, or high school graduation; if not attending high school, age 18	None.	All administrative remedies available.
Washington	18, but court discretion for special circumstances such as post-secondary education.	10 years after the payment is due for orders entered through 7/23/89 and 10 years after the 18^th birthday of the youngest child named in the order for orders entered after the date.	Yes, if custodial parent applied for IV-D services.
West Virginia	18, unless attending secondary school, then court discretion.	10 year from date of judgment; becomes judgment by operation of law.	Any enforcement tool except for federal tax intercept.
Wisconsin	18, and graduation from secondary school, or 19, whichever is sooner	20 years after child reaches majority.	Any enforcement tool except for federal tax intercept.
Wyoming	18, or up to 20 for secondary education; disabled children for life.	None currently; issue in courts.	Yes, if custodial parent applied for IV-D services.

National Conference of State Legislatures, 11/8/1999