Back child support in Nevada is the total of unpaid, court-ordered child support payments, called arrears. Each missed payment becomes a judgment by operation of law under Nev. Rev. Stat. § 125B.140, accrues interest at the prime rate plus 2 percent under Nev. Rev. Stat. § 99.040, and remains collectible indefinitely with no statute of limitations once an order exists. Arrears of $10,000 or more can trigger a Category C felony.
Key Facts: Back Child Support in Nevada
| Factor | Nevada Rule |
|---|---|
| Filing/motion fee | $300–$365 in Clark County (as of March 2026) |
| Statute of limitations (with order) | None — collectible indefinitely under NRS 125B.140 |
| Statute of limitations (no order) | 4 years from written demand under NRS 125B.050 |
| Interest rate on arrears | Prime rate + 2% (NRS 99.040), reset Jan 1 and Jul 1 |
| Retroactive modification | Prohibited — each payment is a fixed judgment |
| Felony threshold | $10,000 in arrears (Category C felony, NRS 201.020) |
| Wage garnishment cap | Up to 65% of disposable income |
| Enforcement agency | Division of Welfare and Supportive Services (DWSS) |
| Residency to file divorce | 6 weeks under NRS 125.020 |
What Counts as Back Child Support in Nevada
Back child support in Nevada is any court-ordered support payment that an obligor parent fails to pay in full by its due date. Under Nev. Rev. Stat. § 125B.140, each unpaid installment automatically becomes a money judgment the day it comes due, without any additional court filing. This automatic-judgment rule is the foundation of Nevada arrears law.
Because each payment converts to a separate judgment, past due child support accumulates as a stack of individual judgments rather than a single debt. A parent who misses 24 monthly payments of $800 holds $19,200 in principal arrears, plus statutory interest on each installment from its individual due date. The custodial parent who had lawful physical custody when each payment came due owns that judgment under Nev. Rev. Stat. § 125B.100, and the right to collect survives even after the child turns 18 and is emancipated. Child support debt does not disappear when parenting ends; the arrears remain due until paid in full.
How Long Nevada Can Collect Back Child Support
Nevada imposes no statute of limitations on collecting back child support once a support order exists. Under Nev. Rev. Stat. § 125B.140, courts and the Division of Welfare and Supportive Services (DWSS) may pursue arrears indefinitely. The Nevada Supreme Court has held that the limitations period never runs on support obligations that accrued on or after July 1, 1981, meaning decades-old arrears remain fully collectible.
The rule changes when no support order was ever entered. Under Nev. Rev. Stat. § 125B.050, a parent seeking retroactive support without an existing order faces a 4-year limitations window that begins when a written demand for support is mailed to the non-custodial parent at their last known address. In that scenario, a court may award up to 4 years of retroactive support. This distinction matters: an established order guarantees indefinite enforcement of past due child support, while the absence of an order caps recovery at four years. Parents owed support should obtain a formal order quickly, because the unlimited collection window applies only after a court enters one.
Interest on Back Child Support in Nevada
Interest on back child support in Nevada accrues at a variable statutory rate equal to the prime rate at Nevada's largest bank plus 2 percent, set under Nev. Rev. Stat. § 99.040. The rate resets twice yearly, on January 1 and July 1, and applies to each delinquent installment from the date it became due. This interest is mandatory, not discretionary, under Nev. Rev. Stat. § 125B.140.
Nevada courts must add this interest when finding an arrearage, along with a reasonable attorney's fee for the collection proceeding, unless the obligor parent demonstrates undue hardship. Interest continues compounding on the unpaid balance until the debt is satisfied in full. For example, at a prime rate of 8 percent, the statutory rate would be 10 percent, so $10,000 in past due child support would add roughly $1,000 in interest in a single year. Over a multi-year delinquency, interest can equal or exceed the original principal. Because the rate is variable, the precise amount owed requires calculating each installment separately from its due date using the rate in effect during each six-month period. Parents should request a certified arrears calculation from DWSS before negotiating any payoff.
How Nevada Enforces Past Due Child Support
Nevada enforces past due child support through aggressive administrative and judicial tools that require no new trial for each collection action. DWSS can garnish up to 65 percent of disposable income through income withholding, intercept state and federal tax refunds, suspend driver's, professional, and recreational licenses, levy bank accounts, and record liens on real and personal property under Nev. Rev. Stat. § 125B.142. The federal government denies passports when arrears exceed $2,500.
Before enforcing arrears as a judgment through execution, the party seeking collection must send the obligor a notice by certified mail, restricted delivery, with return receipt requested. That notice must identify the issuing court, state the accrued arrearage amount, and inform the obligor of the right to request a hearing within 20 days. The hearing is narrow: it addresses only the amount of arrears and the court's jurisdiction, not the underlying obligation. The Child Support Enforcement program operated by DWSS under Nev. Rev. Stat. § 422A.060 provides these services free of charge to either parent, who can apply at no cost. Wage withholding remains the most common and effective method, as employers deduct support and arrears directly from the obligor's paycheck.
Wage Garnishment for Nevada Child Support Arrears
Wage garnishment is Nevada's primary tool for collecting child support arrears, allowing withholding of up to 65 percent of an obligor's disposable income. Under federal Consumer Credit Protection Act limits adopted by Nevada, the cap is 50 to 55 percent when the obligor supports another family, and 60 to 65 percent when they do not, with the higher figures applying when arrears exceed 12 weeks.
Income withholding orders attach automatically to most Nevada child support cases and route payments through the State Collection and Disbursement Unit. Employers who receive a withholding order must begin deductions, typically by the first pay period after receipt, and remit funds within seven business days. An employer who fails to withhold becomes liable for the amounts that should have been deducted. Garnishment reaches wages, commissions, bonuses, and many forms of self-employment income, and it continues until the current obligation and all arrears are satisfied. Unlike ordinary creditors, child support enforcement does not require a separate lawsuit to garnish, because each missed payment is already a judgment under Nev. Rev. Stat. § 125B.140. This makes wage withholding both faster and harder to contest than commercial debt collection.
Criminal Penalties for Owing Child Support in Nevada
Owing child support in Nevada can result in criminal prosecution under Nev. Rev. Stat. § 201.020, which makes knowing failure to pay court-ordered support a misdemeanor punishable by up to six months in jail, a fine up to $1,000, or both. The offense escalates to a Category C felony when arrears total $10,000 or more, exposing the obligor to one to five years in prison and a fine up to $10,000.
A second or subsequent violation becomes a felony at a lower threshold of $5,000 in accrued arrears. To convict, prosecutors must prove beyond a reasonable doubt that the obligor knowingly failed to pay, which means a genuine inability to pay through no fault of the obligor is a recognized defense. County district attorneys prosecute state cases, while the U.S. Attorney's Office may pursue separate federal charges; an obligor convicted in both systems can serve consecutive sentences. Criminal nonsupport is distinct from civil contempt, which a family court may also impose for willful nonpayment, with its own potential jail time. Because criminal exposure rises sharply at the $10,000 mark, obligors with mounting child support debt should seek modification or a payment plan before arrears cross that line.
Modifying Child Support to Limit Future Arrears
Nevada permits modification of child support orders prospectively but never retroactively, so accrued arrears cannot be reduced or forgiven by a court. Under Nev. Rev. Stat. § 125B.145, either parent may request review and modification when circumstances change, and orders are reviewed at least every three years upon request. Because each past payment is a fixed judgment under Nev. Rev. Stat. § 125B.140, only payments coming due after the modification motion is filed can change.
This prospective-only rule makes timing critical for an obligor facing reduced income. A parent who loses a job and waits six months to file a modification motion still owes the full original amount for those six months, plus interest, even if a court later lowers the obligation. Filing the modification request immediately stops new arrears from accruing at the higher rate. Common grounds for modification include a 20 percent change in gross monthly income, a change in custody or parenting time, or a change in the number of children supported. Nevada caps presumptive support using statutory income brackets, but the floor is a minimum obligation even for low-income parents. Obligors should never simply stop paying; only a court order changes the legal obligation, and self-help nonpayment generates enforceable arrears.