Back child support in Maine refers to past-due child support payments, known as arrears, that an obligor owes but has not paid. Under 19-A M.R.S. § 2103, the Maine Department of Health and Human Services (DHHS) Division of Support Enforcement and Recovery (DSER) must enforce these obligations. Maine imposes no statute of limitations on collecting arrears, and the debt survives even after a child turns 18 or 19. Enforcement tools include wage garnishment, driver's and professional license suspension, tax refund interception, bank levies, and passport denial for arrears exceeding $2,500.
This guide explains how back child support accrues, accumulates interest, and is collected in Maine, plus the defenses available to obligors and the rights of parents owed support.
Key Facts: Back Child Support in Maine
| Factor | Maine Rule |
|---|---|
| Statute of limitations on arrears | None — arrears never expire |
| Survives child reaching majority | Yes — collectible after age 18/19 |
| Enforcement agency | DHHS Division of Support Enforcement and Recovery (DSER) |
| Passport denial threshold | Arrears exceeding $2,500 (federal standard) |
| Interest rate authority | 14 M.R.S. § 1602-C (1-year T-bill rate plus 6%) |
| License suspension authority | 19-A M.R.S. § 2603-A |
| Contempt standard | Clear and convincing evidence of willful nonpayment |
| Contempt filing fee | $0 — no fee for child support contempt motions |
| Divorce filing fee | $120 (verify with clerk) |
| Residency requirement | 6 months under 19-A M.R.S. § 901 |
What Is Back Child Support in Maine?
Back child support in Maine is the total unpaid amount of court-ordered or administratively ordered child support that has accumulated over time, legally defined as arrears. Under 19-A M.R.S. § 2103, "support obligations" expressly includes "any arrearages of support that have accrued." This means past due child support is treated as an enforceable debt, not a forgivable balance, and DHHS carries a statutory duty to collect it.
Arrears accumulate when an obligor pays less than the ordered amount or stops paying entirely. Each missed payment becomes a separate component of the child support debt. Maine treats accrued arrears as a money judgment, which is why the obligation can be enforced through judgment-collection tools like liens and levies. Because the order remains valid until a court modifies it, simply experiencing a job loss does not reduce the amount owed — the obligor must affirmatively file a motion to modify. Until that happens, the full ordered amount continues to accrue, and the gap between what was ordered and what was paid becomes the past due child support balance subject to enforcement.
Does Back Child Support Expire in Maine?
Back child support does not expire in Maine — there is no statute of limitations on collecting arrears. While 14 M.R.S. § 864 presumes most judgments paid after 20 years, child support orders are explicitly carved out of that presumption. This means a custodial parent or DHHS can pursue decades-old child support debt indefinitely, even after the child becomes an adult.
The statutory carve-out is broad. Maine defines a child support order to include any judgment, decree, or order — temporary, final, or modifiable — that provides for monetary support, health care, arrearages, and related items, including support for a child who has reached the age of majority. As a result, an obligor cannot wait out the clock. A parent who fell $30,000 behind when a child was 10 remains fully liable for that $30,000 when the child turns 25, plus accrued interest. This permanent enforceability distinguishes child support debt from ordinary consumer debt, credit card balances, or medical bills, which become uncollectable after Maine's general limitations periods expire. The policy reflects the principle that children have a continuing right to the support that was ordered on their behalf.
How Does Interest Accrue on Child Support Arrears in Maine?
Interest on back child support in Maine accrues under 14 M.R.S. § 1602-C, which sets post-judgment interest at the one-year United States Treasury bill rate plus 6%. Because the Treasury rate fluctuates annually, the exact percentage changes each year, but the 6% statutory premium remains constant. Interest begins accruing from the date judgment is entered and compounds the total child support debt over time.
The Treasury bill rate used is the weekly average one-year constant maturity Treasury yield published by the Federal Reserve for the last full week of the prior calendar year. For example, if the one-year Treasury rate was approximately 4% at the relevant measurement date, the post-judgment interest rate on arrears would total roughly 10%. Separately, 19-A M.R.S. § 2354 authorizes the DSER commissioner to collect interest at 6% per year on support owed to the department in certain public-assistance contexts. A court may, on petition of the nonprevailing party and a showing of good cause, partially or fully waive accrued interest. Obligors who believe interest was miscalculated should request a formal accounting from DSER, because interest substantially increases the past due child support owed over a multi-year period.
How Does Maine DHHS Collect Back Child Support?
Maine DHHS collects back child support through the Division of Support Enforcement and Recovery (DSER), which deploys wage garnishment, tax refund interception, bank levies, license suspension, and passport denial. The most common method is income withholding: under 19-A M.R.S. § 2652, DSER notifies an employer to deduct support — including arrears in addition to current support — directly from the obligor's paycheck before the employee receives it.
Federal law caps the total withholding at the limits set by 15 U.S.C. § 1673(b), which restricts garnishment to 50-65% of disposable earnings depending on the obligor's circumstances. Beyond wage garnishment, DSER intercepts state and federal tax refunds, levies bank accounts through the Financial Institution Data Match program, places liens on real and personal property, captures lottery winnings, and reports child support debt to credit bureaus. DSER follows a formal notice-and-hearing process: it serves a Notice of Debt, and if the obligor does not challenge it within 30 days or arrange a payment plan, collection proceeds. The hearing process adds time — typically 3 to 4 months may pass after service of the Notice of Debt before DSER begins active collection on disputed arrears.
Can You Lose Your License for Back Child Support in Maine?
Yes — Maine can suspend or revoke multiple licenses for unpaid child support under 19-A M.R.S. § 2603-A. After a motion to enforce, notice, and a hearing, a court may order suspension of the obligor's driver's license, revocation of occupational, business, trade, or professional licenses, and revocation of hunting, fishing, boating, and other recreational licenses. A related driver's-license provision exists at 29-A M.R.S. § 2459.
This enforcement tool is designed to pressure noncompliant obligors who have the ability to pay but refuse. The consequences cascade across an obligor's professional and personal life: a contractor can lose a trade license, a nurse can lose a professional license, and a commercial driver can lose the credential that enables employment. Once a license is suspended under § 2603-A, the Secretary of State may not lift the suspension until the court orders reinstatement and the obligor pays a reinstatement fee. This creates a strong incentive to resolve arrears, but it also presents a paradox: an obligor who loses a driver's or occupational license may lose the income needed to pay the very child support debt that triggered the suspension. For this reason, obligors facing license action should seek a payment plan or modification before the hearing rather than after a license is gone.
What Is Contempt for Unpaid Child Support in Maine?
Contempt for unpaid child support in Maine is a court finding that an obligor willfully refused to pay despite having the ability to do so, and it can result in jail time. Unlike a motion to enforce — which requires showing only that the obligor failed to comply — a contempt motion requires proof by clear and convincing evidence that the obligor could have paid but willfully chose not to. There is no filing fee for a child support contempt motion in Maine.
Post-judgment contempt motions for child support go directly before a judge rather than a magistrate, under M.R. Civ. P. 110A. A contempt finding can carry serious penalties, including incarceration with a purge provision — a mechanism allowing the obligor to avoid or end jail time by paying a specified amount. In the Maine case Dostanko v. Dostanko, a court found a father in contempt for failing to pay past due child support and for not moving to modify his obligation after becoming employed; the court ordered 60 days of incarceration, allowing him to purge the contempt by paying the $46,272 he owed within 60 days. Under 14 M.R.S. § 252, a court may allow bail on a first contempt finding, but a second contempt for disobeying the same order permits no bail. Contempt is reserved for willful nonpayment, not genuine inability to pay.
How Do You Set Up a Payment Plan for Back Child Support?
You can set up a payment plan for back child support in Maine by contacting DSER and proposing a monthly arrears payment in addition to current support, generally before the 30-day window on a Notice of Debt expires. DSER prefers voluntary repayment arrangements over forced collection because consistent payments are more reliable than levies and intercepts. Arrangements are typically formalized in writing.
When an obligor enters a payment plan, DSER may pause more aggressive enforcement such as license suspension or bank levies, provided the obligor stays current on the agreed amount. A typical arrangement adds a fixed monthly sum toward arrears on top of the ongoing support obligation — for example, an obligor owing $400 monthly in current support might agree to pay an additional $100 monthly toward a $12,000 arrears balance. Obligors who genuinely cannot afford the current order should simultaneously file a motion to modify support under the child support guidelines in 19-A M.R.S. § 2006, because modification only adjusts future payments — it cannot retroactively erase arrears that already accrued. DSER also operates an online portal at gateway.maine.gov where obligors and obligees can manage cases, review balances, and complete many actions 24 hours a day, seven days a week.
Can Back Child Support Be Reduced or Forgiven in Maine?
Back child support in Maine generally cannot be retroactively reduced or forgiven by a court, because each accrued payment becomes a vested money judgment. A court modification of child support under 19-A M.R.S. § 2006 applies only prospectively — it changes future obligations, not arrears that already accumulated. However, limited avenues exist to challenge or compromise the debt in specific circumstances.
If a DHHS administrative support order is less than one year old, an obligor may file a Request to Set Aside a DHHS Support Order; if granted, a corrected order may reduce the back amount owed for that period. Maine also participates in arrears-compromise programs for debt owed to the state (rather than to the custodial parent), allowing DSER discretion to settle certain state-owed balances. Arrears owed directly to a custodial parent, by contrast, belong to that parent and generally cannot be waived without their agreement. Obligors should never simply stop paying in hopes of forgiveness — the debt continues to grow with interest under 14 M.R.S. § 1602-C, and enforcement tools remain available indefinitely because there is no statute of limitations on collection. The reliable path to relief is a timely modification motion combined with a negotiated payment plan.