Back child support in Vermont becomes an enforceable judgment the moment each payment is missed, accrues a 6% annual surcharge under 15 V.S.A. § 606, and can be collected through wage withholding, tax intercepts, license suspension, and passport denial. The Vermont Office of Child Support (OCS) can pursue arrears for up to six years after the youngest child turns 18. There is no filing fee to ask a Vermont court to enforce a child support order.
Key Facts: Back Child Support in Vermont
| Topic | Vermont Rule |
|---|---|
| Surcharge on arrears | 0.5% per month / 6% per year, not compounded (15 V.S.A. § 606) |
| When arrears become a judgment | Automatically, on the date each payment is due |
| Enforcement time limit | 6 years after youngest child turns 18 (8 years after last adjudication) |
| Filing fee to enforce | $0.00 (no fee to enforce child support) |
| Filing fee to modify | $45.00 contested / $0 with stipulation (32 V.S.A. § 1431) |
| Tax refund intercept threshold | $500 (owed to parent); $150 (owed to state) |
| Passport denial threshold | $2,500 in arrears |
| Credit bureau reporting threshold | $1,000 in arrears |
| Enforcement agency | Vermont Office of Child Support, 1-800-786-3214 |
As of January 2026. Verify current fees and thresholds with your local Superior Court clerk or the Vermont Office of Child Support.
What Is Back Child Support in Vermont?
Back child support in Vermont is any court-ordered support payment that was not paid in full by its due date, and it is legally called "arrears." Under 15 V.S.A. § 606, each missed payment automatically becomes a money judgment on the date it was due, meaning no separate lawsuit is needed to establish the debt. By 2026, a parent who falls three months behind on a $700 monthly order owes $2,100 in past due child support plus an accruing surcharge.
Vermont treats child support debt differently from ordinary debt. Because each installment converts to a judgment automatically, the custodial parent or the Office of Child Support (OCS) does not have to relitigate whether the money is owed. The unpaid balance is sometimes called child support arrears, past due child support, or child support debt, and all of these terms describe the same legal obligation. The parent who owes child support remains responsible for the full arrears balance even after the child becomes an adult. Vermont law specifically requires obligors to keep paying down arrears at the existing rate until the entire balance is cleared, even when the underlying support obligation has ended.
How Much Surcharge Accrues on Vermont Child Support Arrears?
Vermont charges a surcharge of 0.5% per month, or 6% per year, on unpaid child support, and this surcharge is not compounded. Under 15 V.S.A. § 606, this rate has applied since January 1, 2012, when the legislature cut the prior 12% annual rate in half. On a $5,000 arrears balance, the surcharge adds roughly $300 per year, or $25 per month.
Vermont deliberately uses a "surcharge" rather than "interest," but the practical effect is similar: the debt grows over time. All surcharges are deemed principal, not interest, which affects how payments are applied and how the debt is treated for tax and collection purposes. The surcharge accrues on the unpaid balance even when the parent who owes child support is making monthly arrears payments under a court-approved repayment plan. This means partial payments slow the growth of the debt but do not stop the surcharge entirely until the arrears are paid in full.
Vermont law includes a fairness safety valve. Under 15 V.S.A. § 606, a court may discharge all or part of a surcharge that accrued after the last judgment if the obligated parent proves they became genuinely unable to comply with the support order. The parent who owes child support carries the burden of proving inability to pay. This relief applies only to the surcharge, not to the underlying principal arrears, which remain owed in nearly all circumstances.
How Does Vermont Enforce Back Child Support?
Vermont enforces back child support through graduated administrative remedies handled by the Office of Child Support, escalating from automatic wage withholding to tax intercepts, liens, license suspension, and passport denial. Under 15 V.S.A. § 798, OCS must give written notice and a chance to contest before most actions. Wage withholding is automatic when any payment is seven days or more late.
The Vermont enforcement system is designed to escalate based on how far behind the obligor falls. Some remedies are automatic, while others apply only after past due child support reaches 25% or more of the annual obligation, which usually means the parent is more than three months behind. The least severe tools, such as wage withholding, apply first; the more serious tools, such as license suspension and passport denial, apply to persistent or substantial arrears. OCS must notify the parent paying support of the past due amount, the remedies it may use, and the right to appeal before taking most administrative action.
Vermont Child Support Enforcement Tools by Threshold
| Enforcement Tool | Trigger | Statute / Authority |
|---|---|---|
| Wage withholding | Any payment 7+ days late | 15 V.S.A. § 798 |
| Increased withholding (up to 25%) | 1 month past due | OCS administrative remedy |
| Tax refund intercept | $500 arrears ($150 if owed to state) | Federal Treasury Offset |
| Bank account / trustee process | Past due balance exists | OCS administrative remedy |
| Property lien | Past due balance exists | OCS administrative remedy |
| Credit bureau reporting | $1,000 arrears | OCS administrative remedy |
| License suspension | 1 month past due + noncompliance | 15 V.S.A. § 798 |
| Passport denial | $2,500 arrears | Federal CSE program |
Can Vermont Suspend Your License for Back Child Support?
Yes, Vermont can suspend a driver's license, professional license, recreational license (including hunting and fishing licenses), and business license when a parent is at least one month behind and not complying with a repayment plan. Under 15 V.S.A. § 798, OCS must first send notice and give the obligor 21 days to contest before issuing a suspension order.
License suspension is one of Vermont's most effective enforcement tools because it affects daily life and the ability to earn income. The Office of Child Support must notify the obligor of its intent to suspend and provide an opportunity to contest the action under 33 V.S.A. § 4108. If the obligor fails to contest the delinquency or request a hearing within 21 days, OCS may issue the suspension order. Inability to comply is a defense, but the parent who owes child support carries the burden of demonstrating that they genuinely cannot pay.
Reinstatement is relatively fast once the obligor cooperates. Vermont law requires that a suspended license be reinstated within five business days of a reinstatement order from the court, or notification from OCS or the custodial parent that the parent is now in compliance. Compliance usually means resuming payments and agreeing to a plan to pay down the arrears. This quick-reinstatement rule encourages parents who owe child support to negotiate a realistic repayment plan rather than letting the suspension continue.
What Is the Time Limit to Collect Back Child Support in Vermont?
Vermont allows enforcement of child support arrears for up to six years after the youngest child covered by the order turns 18, and up to eight years after the last adjudication if the arrears have already been formally established by a court. Under 15 V.S.A. § 606, each payment becomes a judgment when due, which keeps the debt alive within these windows.
The distinction between adjudicated and unadjudicated arrears matters greatly. In cases where a support order exists but the arrears have never been formally calculated and entered by a court, action to adjudicate the arrears must be taken within six years after the youngest child reaches age 18. In cases where the arrearage has already been adjudicated, the enforcement window extends to eight years after the last adjudication. A custodial parent who wants to preserve the right to collect should not wait until the child is grown; adjudicating arrears earlier can extend the practical collection window and strengthen the judgment.
In limited circumstances, Vermont courts can declare arrears unenforceable. Under the relevant provisions, a court may deem arrears judicially unenforceable when there is no longer a duty of support and the court finds the obligor is presently unable to pay through no fault of their own, has no known income or only nominal assets, and has no reasonable prospect of paying in the foreseeable future. This is a narrow exception, and the parent who owes child support must satisfy all three findings to qualify.
How Do You File to Enforce Back Child Support in Vermont?
To enforce back child support in Vermont, you file a Motion to Enforce Child Support and Affidavit in the Superior Court Family Division that issued your order, and there is no filing fee for this enforcement motion. Under 32 V.S.A. § 1431, a motion to enforce a child support order requires no fee, while modifying an order costs $45 contested or $0 with a stipulation.
Vermont gives parents two parallel paths to collect past due child support. The first is administrative enforcement through the Office of Child Support, which you can request by calling 1-800-786-3214; OCS then uses its full toolkit of wage withholding, tax intercepts, and liens. The second is judicial enforcement, where you go back to the court that issued the order and file a motion asking the court to enforce it. If the other parent has already failed to pay after an enforcement order, you can ask the court to find that parent in contempt of court, which can carry penalties including jail in serious cases.
Fee waivers are available for parents who cannot afford court costs. Although the motion to enforce child support carries no fee, related filings may. Vermont provides an Application to Waive Filing Fees and Service Costs for low-income filers. You must file your motion in the same family division that issued the final order. If you need help, the Vermont Judiciary Access and Resource Center can be reached at 802-879-1185 or selfhelp@vtcourts.gov, and OCS services are required by federal law to be available to eligible parents.
What Happens to Back Child Support When the Child Turns 18?
Back child support in Vermont does not disappear when the child turns 18; the parent who owes child support must keep paying down the arrears balance at the current monthly level until the entire debt is paid in full. This continuing obligation applies whether collection happens through wage withholding or direct payment to the OCS Registry.
Many parents mistakenly believe that aging out ends all financial responsibility, but Vermont law is clear that arrears survive the end of the current support duty. If a case has a past due balance when ongoing support is scheduled to end, the obligor continues making payments at the established rate, plus the accruing 6% surcharge, until zero balance is reached. For a parent who finishes the active support period owing $8,000 in arrears, this could mean several more years of payments. The custodial parent retains the right to enforce within the six-year window after the youngest child turns 18, so prompt action protects the ability to collect.
Can Back Child Support Be Reduced or Forgiven in Vermont?
Vermont courts cannot retroactively reduce child support arrears that have already accrued, because each missed payment became a judgment when due, but courts can discharge surcharges and, in narrow cases, declare arrears unenforceable. Under 15 V.S.A. § 606, a court may forgive surcharge that accrued after the last judgment if the obligor proves they became unable to comply.
The principal arrears, meaning the underlying support amounts, are extremely difficult to reduce because Vermont prohibits retroactive modification of past-due support. If a parent's income drops, the correct step is to file a Motion to Modify going forward; the modification only affects future payments, never the arrears that already accumulated. This is why the Vermont Judiciary warns against informal agreements: if parents privately agree to lower support without a court order and later have a dispute, the court will enforce the original order as written and order payment of all unpaid support, often a higher amount than the informal deal.
Arrears owed directly to the custodial parent can sometimes be compromised by mutual agreement, but arrears owed to the state (typically when the family received public assistance) generally cannot be waived by the parents alone. The cleanest path to relief is the statutory surcharge discharge and the narrow judicial-unenforceability finding, both of which require the obligor to prove genuine inability to pay. Parents who owe child support should consult a Vermont family law attorney before assuming any portion of their debt can be eliminated.