How Arrears Start, and Why They Don’t Go Away on Their Own
When a court-ordered support payment becomes due and remains unpaid, the unpaid amount becomes part of the support arrearage. Under 23 Pa.C.S. § 4352(d) [2], amounts of support that are due and unpaid become judgments by operation of law. A parent generally cannot erase accrued support simply through an informal, private agreement. Because unpaid support is treated as a judgment under Pennsylvania law, any agreement affecting accrued arrears should be reviewed through the appropriate court or Domestic Relations process before you rely on it. The balance can also grow beyond the missed payments themselves. Pennsylvania law also authorizes a statutory penalty in certain circumstances when support payments become delinquent; the amount and conditions for imposing that penalty are governed by 23 Pa.C.S. § 4348(c) [3]. Left unaddressed, an arrears balance tends to get larger, not smaller.Pennsylvania’s Enforcement Toolkit
Depending on the circumstances and applicable statutory requirements, Pennsylvania’s child-support enforcement system provides several tools, including — but not necessarily limited to:- Income withholding, which is already built into most support orders and typically continues automatically once in place
- Intercepting state and federal tax refunds and lottery winnings, where the applicable statutory and program requirements are met
- Suspending certain driver’s, professional, occupational, and recreational licenses, when the statutory requirements for suspension are satisfied — including applicable delinquency thresholds and required notice — under 23 Pa.C.S. § 4355 [4]
- Reporting delinquent support information to consumer reporting agencies when the statutory and program requirements for reporting are satisfied, under 23 Pa.C.S. § 4303 [5]
- Passport denial or restriction, which can result when the U.S. Department of State receives a qualifying child-support delinquency certification; this federal program generally applies when qualifying arrears exceed $2,500 under 42 U.S.C. § 652(k) [6]
- Placing liens on real estate or other property, and levying bank accounts, where the applicable Pennsylvania enforcement procedures are met
When Enforcement Escalates to Contempt of Court
When the tools above do not bring a parent into compliance, depending on the case and the enforcement process already in place, the parent receiving support (the obligee) may request enforcement through the Domestic Relations Section or pursue the appropriate contempt procedure. Under 23 Pa.C.S. § 4345(a) [7], a parent found in willful contempt can face imprisonment of up to six months, a fine of up to $1,000, or probation of up to one year. Jail is not automatic. Incarceration for civil contempt requires the court to follow the procedures governing support contempt and make the findings required by the applicable rule, including findings concerning the obligor’s ability to comply with the support order. [8] A parent who genuinely cannot pay is treated differently than one who simply refuses to, which is exactly why documentation and a properly built contempt petition matter.
Why Waiting to Pursue Enforcement Costs You
Here is the part that matters most: a single missed payment does not automatically trigger every available enforcement remedy. Some mechanisms — like income withholding already in place on an order — operate through existing support-enforcement procedures. Others require the parent receiving support, or the Domestic Relations Section acting on a filed request, to push the case forward.
The longer an arrearage sits unaddressed, the harder it typically becomes to collect. Income changes, employment changes, and even a parent relocating out of the jurisdiction all make enforcement more complicated the longer you wait. If ongoing support continues to come due without being paid, the arrearage can continue to increase, and that is not a problem that resolves itself with patience.
The same is true if your own circumstances have shifted since the order was entered — requesting a modification of your order is a separate process from enforcing the arrears already owed, and the two are easy to confuse when a case has been sitting for a while.
What to Do if You’re Owed Back Child Support
- Confirm your current arrears balance and payment history through your PACSES account or the Domestic Relations Section.
- Document every missed or partial payment, including dates and amounts, rather than relying on memory.
- Contact the Domestic Relations Section to request escalation if income withholding alone has not brought the case current.
- Consider filing, or asking your attorney to file, a contempt petition when a parent has the ability to pay and is not paying.
- Avoid treating informal, undocumented partial payments as a substitute for pursuing the full arrearage through the proper channel.
If the other parent’s custody time has also changed since your order was entered, it’s worth checking how a shared custody schedule affects support at the same time — enforcement and the underlying support calculation are two different conversations, and it helps to have both in view before you go back to court.
Frequently Asked Questions
What happens if a parent doesn’t pay child support in Pennsylvania? The unpaid amount becomes part of the support arrearage. Depending on the applicable enforcement process and statutory requirements, the Domestic Relations Section can pursue it through income withholding, tax refund interception, license suspension, credit reporting, and, in willful cases, contempt of court.
How do you enforce child support in Pennsylvania? Pennsylvania child-support enforcement can involve income withholding, tax-refund interception, license suspension, credit reporting, liens, levies, and contempt proceedings, depending on the circumstances and applicable requirements. A contempt petition may be available when a parent who has the ability to pay is refusing to.
How long can you go to jail for not paying child support in Pennsylvania? A parent found in willful civil contempt can be imprisoned for up to six months, though the court must first hold a hearing and find that the parent has the present ability to pay before ordering incarceration.
Can back child support ever be forgiven in Pennsylvania? Generally, no. Accrued child-support arrears generally cannot simply be erased through a private agreement. Depending on the circumstances, parties may be able to resolve disputes or seek court approval of an agreement concerning arrears, but the legal effect depends on Pennsylvania law and the court’s authority over the accrued obligation — it is not an ordinary private settlement.
Talk to a Lancaster Law Group Attorney About Collecting What You're Owed
If you are carrying an arrearage that keeps growing while nothing seems to change, some of Pennsylvania’s enforcement tools only move once someone puts them in motion. The family law attorneys at Lancaster Law Group evaluate your arrears and pursue the enforcement options available in your case, bringing that same high standard to clients across all our locations.
Call Us at 717-358-0600 or schedule a consultation to go over your arrears balance and the enforcement options available to you.
Sources
[1] 23 Pa.C.S. § 4345(a), Contempt for Noncompliance With Support Order | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.045.000..HTM
[2] 23 Pa.C.S. § 4352(d), Continuing Jurisdiction Over Support Orders — Judgment by Operation of Law | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.052.000..HTM
[3] 23 Pa.C.S. § 4348(c), Attachment of Income — Assessment of Penalty | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.048.000..HTM
[4] 23 Pa.C.S. § 4355, Denial or Suspension of Licenses | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.055.000..HTM
[5] 23 Pa.C.S. § 4303, Consumer Reporting Agencies | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.003.000..HTM
[6] 42 U.S.C. § 652(k), Certification of Child Support Arrearages for Passport Denial | https://www.ssa.gov/OP_Home/ssact/title04/0452.htm
[7] 23 Pa.C.S. § 4345(a), Contempt for Noncompliance With Support Order | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.045.000..HTM
[8] Pa.R.C.P. 1910.25-5, Civil Contempt | https://www.pacodeandbulletin.gov/secure/pacode/data/231/chapter1910/s1910.25.html