Utah Child Support Arrears

Under Utah Code Section 78B-12-110, unpaid child support becomes a judgment that accrues interest at the statutory rate. The Office of Recovery Services and the court have broad powers to enforce arrears through wage garnishment, tax refund intercept, license suspension, contempt proceedings, and other collection methods.

Last updated: July 2026

Child support arrears are a serious matter under Utah law. Under Utah Code Section 78B-12-110, any unpaid child support becomes a judgment by operation of law, meaning the parent owed support does not need to file a separate lawsuit to obtain a judgment. This judgment accrues interest at the statutory rate and can be enforced using a wide range of state and federal collection tools. The consequences of falling behind on child support can be severe, including wage garnishment, loss of professional licenses, interception of tax refunds, and even jail time for contempt. Understanding how arrears accumulate and how they are enforced is essential for both parents who owe support and parents who are owed support.

What many parents do not realize is that child support arrears do not go away automatically. Under Utah Code Section 78B-12-110(2), the judgment for unpaid support is enforceable until the full amount, including interest, is paid. Bankruptcy does not discharge child support arrears in most cases. The only ways to eliminate arrears are to pay them in full, obtain a court-ordered modification that may affect future payments (but cannot eliminate past due amounts), or in limited circumstances, negotiate a compromise with the state if the state is the assignee of the support rights. This permanence means that parents should take arrears seriously and address them proactively rather than ignoring them.

How do child support arrears accrue interest in Utah?

Under Utah Code Section 78B-12-112, unpaid child support accrues interest at the statutory rate from the date each payment becomes due until the date it is paid in full. The statutory interest rate is set by the Utah Supreme Court or by legislative action and may change periodically. Interest accrues on both the principal amount of unpaid support and on previously accrued interest. This compounding effect means that arrears can grow quickly, particularly if a large balance accumulates over time. A parent who owes several years of unpaid support may find that the interest alone exceeds the original principal amount.

The interest on child support arrears is calculated automatically by the Office of Recovery Services and is included in the total amount owed. Under Section 78B-12-112(2), payments received are generally applied first to current support, then to interest on arrears, and finally to principal arrears. This ordering means that until the current support and interest are fully paid, the principal arrears may not decrease. Parents who are paying off arrears should understand this ordering to avoid the frustration of making payments that do not reduce the principal balance. Parents who receive arrears payments should verify that interest is being properly calculated and credited.

What enforcement tools are available for Utah child support arrears?

The enforcement tools available for child support arrears in Utah are extensive. Under Utah Code Section 78B-12-110, the court and the Office of Recovery Services may use income withholding, which requires the paying parent’s employer to deduct support and arrears payments directly from wages. Income withholding is mandatory in all child support cases unless both parents agree to an alternative and the court approves. The employer must send the withheld amounts to ORS, which then distributes the funds to the custodial parent. Income withholding can be used for both current support and arrears.

Additional enforcement tools include interception of federal and state income tax refunds under Section 78B-12-111, suspension of driver’s licenses and professional or occupational licenses, denial of U.S. passport applications, placing liens on real and personal property, garnishing bank accounts, reporting arrears to credit bureaus, and contempt of court proceedings that can result in jail time. Under federal law, the court may also order the suspension of a parent’s passport if the arrears exceed a certain threshold. The combination of state and federal enforcement tools gives authorities significant power to collect unpaid support.

How does wage garnishment work for Utah child support arrears?

Wage garnishment for child support arrears in Utah is governed by both state and federal law. Under Utah Code Section 78B-12-110, income withholding for child support does not require a court order in most cases. The Office of Recovery Services can issue an administrative income withholding order directly to the employer, who must comply or face sanctions. The amount withheld is based on the current support obligation plus an additional amount toward arrears, typically up to 50 percent of the paying parent’s disposable earnings, depending on their other support obligations and living expenses.

Under federal law, the Consumer Credit Protection Act limits the amount that can be withheld from wages for child support. The maximum withholding is 50 percent of disposable earnings if the paying parent has a second family, or 60 percent if they do not. An additional 5 percent may be withheld if the arrears are more than 12 weeks old. Employers must send the withheld amounts to ORS within seven days of each pay period. The employer cannot fire or discipline an employee because of income withholding for child support, and violations of this protection can result in penalties.

Can a parent be jailed for failing to pay child support in Utah?

Yes, a parent can be jailed for willfully failing to pay child support in Utah, but the court must follow specific procedures. Under Utah Code Section 78B-12-110, contempt of court proceedings may result in jail time if the court finds that the parent had the ability to pay and willfully chose not to. The parent must receive proper notice and an opportunity to be heard at a contempt hearing. The court must find that the parent had the financial resources to pay and intentionally failed to do so. Incarceration for civil contempt is designed to coerce payment, not to punish, and the parent can be released by paying the owed amount or demonstrating an inability to pay.

If the parent is found in contempt, the court may order jail time with a purge condition: the parent can be released by paying a specified amount toward the arrears or by complying with a payment plan. The court may also order the parent to participate in employment services, job training, or other programs to increase their ability to pay. Incarceration for child support contempt is relatively rare and is typically reserved for cases involving significant arrears and clear evidence of willful nonpayment. Parents who cannot pay due to job loss, disability, or other genuine hardships should present evidence of their inability to pay at the contempt hearing.

Can child support arrears be reduced or forgiven in Utah?

Child support arrears are difficult to reduce or forgive under Utah law. Under Utah Code Section 78B-12-110, once child support payments become due and unpaid, they become a judgment that the court generally cannot retroactively modify. The court may modify future support payments based on changed circumstances, but it cannot retroactively reduce or eliminate support that has already accrued. This means that a parent who falls behind cannot later ask the court to forgive the arrears because of a change in circumstances, even if the change is substantial.

There are limited circumstances in which arrears may be adjusted. If the support order itself was entered in error or without proper jurisdiction, the court may vacate the order and any arrears that accrued under it. If the state is the assignee of the support rights because the child received public assistance, the state may negotiate a compromise of arrears in some cases. However, arrears owed directly to the other parent generally cannot be compromised without the other parent’s consent. Parents who owe significant arrears should consult with an attorney to explore their options, which may include negotiating a payment plan rather than seeking forgiveness of the debt.

How does the Office of Recovery Services help enforce child support arrears?

The Office of Recovery Services (ORS) is the state agency responsible for child support enforcement in Utah. Under Utah Code Section 78B-12-110, ORS has broad administrative authority to enforce child support orders, including the collection of arrears. ORS can establish paternity, locate noncustodial parents, establish support orders, and enforce existing orders through the collection tools described above. ORS services are available to any parent who is owed child support, regardless of whether the child receives public assistance.

Parents who are owed support can apply for ORS services by completing an application through the Utah Department of Human Services. ORS will then take steps to locate the nonpaying parent, establish income withholding, intercept tax refunds, and pursue other enforcement actions. ORS typically charges a nominal fee for its services, which may be deducted from support payments collected. ORS can also work with other states’ child support agencies through the Uniform Interstate Family Support Act to enforce support orders when the nonpaying parent lives in another state. Parents who are struggling to collect support should consider applying for ORS services to access the agency’s enforcement tools.

What happens to child support arrears when the child turns 18?

Child support arrears do not disappear when the child reaches the age of emancipation. Under Utah Code Section 78B-12-110, the judgment for unpaid support remains enforceable until the full amount, including interest, is paid. The parent’s obligation to pay current support ends when the child turns 18 or graduates from high school (whichever is later, up to age 19), but the obligation to pay arrears that accrued before emancipation continues until the debt is satisfied. The enforcement tools available for collecting arrears, including wage garnishment, tax refund intercept, and license suspension, remain available after the child is emancipated.

The continued enforceability of arrears after emancipation means that a parent who owes unpaid support may face collection efforts for years or even decades after the child becomes an adult. The arrears judgment does not expire under the statute of limitations for ordinary debts in many cases because child support judgments have extended enforceability periods. Parents who owe substantial arrears should address them proactively, even if the child is no longer a minor. Options may include negotiating a payment plan with ORS, paying the arrears in a lump sum, or, in limited circumstances, seeking a compromise if the state is the assignee of the support obligation.

Child support arrears under Utah Code Section 78B-12-110 carry serious and lasting consequences. Parents who owe support should address payment difficulties proactively by seeking modification when their circumstances change. Parents who are owed support should understand the enforcement tools available and consider working with ORS to collect what is owed.

About the Author: Stephen Honig is a legal content strategist who writes about Utah family law, divorce, and related legal topics. His work helps individuals understand their rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.