My Ex Owes Me Years of Unpaid Child Support—Can I Still Collect It?

collect unpaid child support after years

Raising a child isn’t cheap—and it certainly wasn’t meant to be done alone. You’ve made it work, maybe for years, without the financial support your ex was legally ordered to provide. Now the unpaid child support has piled up, and you’re wondering: Can I still collect it?

In Tennessee, the answer is yes. The courts do not forget unpaid child support, and neither should you.

At the Law Office of Sam Byrd, we help parents in Chattanooga and surrounding areas take legal steps to recover every dollar that’s owed to them—no matter how long it’s been.

The Truth About Unpaid Child Support in Tennessee

Child support debt doesn’t just disappear. In Tennessee, once a court orders child support, the noncustodial parent is responsible for making full and timely payments. If they don’t, the unpaid amount—called arrears—doesn’t go away. It continues to grow and can even accumulate interest in some cases.

Even after your child turns 18, the obligation to pay past-due child support remains. The state will continue to enforce the debt until it’s fully paid.

So, if your ex skipped out years ago and never looked back? You can still come for what’s owed.

There Is No Statute of Limitations on Child Support Arrears

Let’s clear up a common myth. In Tennessee, there is no statute of limitations for collecting court-ordered child support. That means:

  • It doesn’t matter how old the debt is
  • It doesn’t matter if your child is now an adult
  • It doesn’t matter if your ex moved out of state

You still have the right to pursue the unpaid amount—and the court has powerful tools to help you collect it.

How Tennessee Enforces Unpaid Child Support

Tennessee doesn’t take unpaid child support lightly. Once payments are past due, several enforcement actions can automatically kick in:

  • Wage Garnishment – Their paycheck can be docked until they catch up.
  • Tax Refund Intercepts – State and federal refunds can be seized to pay off child support debt.
  • License Revocation – If they owe more than $500 and haven’t paid in 90 days, their driver’s license can be suspended.
  • Passport Denial – If they owe $2,500 or more, they won’t be able to get or renew a passport.
  • Property Liens – In some cases, a lien can be placed on homes, vehicles, or other assets.
  • Contempt of Court – If your ex willfully refuses to pay, they can be jailed for ignoring a court order.

Bottom line: child support is not optional. And when enforced, it gets attention.

What If My Ex Filed for Bankruptcy?

It doesn’t matter.

Unpaid child support cannot be discharged in bankruptcy. Even if your ex tried to wipe out their debts, child support remains. You can still pursue the full amount.

Interest on Child Support in Tennessee

While Tennessee doesn’t always add interest to unpaid child support automatically, it can add interest in many cases:

  • Prior to July 2018, interest was up to 12% on unpaid amounts
  • After July 2018, interest may be added at up to 6% for IV-D (public agency) cases—at the court’s discretion

So if your arrears go back several years, the total amount due may be even more than you think.

Can I Still Collect If I Never Took It to Court?

If you never had a court order for child support—even if you had an informal agreement—it gets trickier.

You’ll first need to:

  • Establish paternity (if it hasn’t already been done)
  • File a motion in family court to establish a formal order
  • Ask the court to grant retroactive support—possibly back to the birth of the child

These cases require documentation and legal strategy, but they’re absolutely possible to pursue.

What About Out-of-State Exes?

Thanks to the Uniform Interstate Family Support Act (UIFSA), Tennessee can enforce child support orders across state lines. That means:

  • Your ex can’t hide by moving
  • Their out-of-state wages can be garnished
  • You can use their location to enforce payments through cooperation with other states

No matter where they go, you can still pursue them.

How to Get Started with Enforcement

If you already have a court order, you’ll need to file a motion with the court asking for enforcement. In most cases, we recommend hiring an attorney to:

  • Review your court documents and payment records
  • Calculate the total amount owed, including potential interest
  • File the correct motions
  • Represent you at enforcement hearings

Depending on your situation, the court may order:

  • A lump-sum payment
  • A structured repayment plan
  • Jail time for contempt, if they refuse to cooperate

Why You Should Act Now

The sooner you act, the better. Even though there’s no expiration date, delay can lead to:

  • Lost records or incomplete payment histories
  • Difficulty locating your ex or proving income
  • Delays in court scheduling or processing

And if you’ve been holding back because you think it’s “too late” or not worth the hassle? Let us change your mind.

You gave your child everything. It’s time your ex held up their end.

We Help Chattanooga Parents Enforce Their Rights

At the Law Office of Sam Byrd, we believe in fighting for what’s fair—especially when it comes to your kids.

We help clients across Hamilton County:

  • Recover years of unpaid child support
  • Enforce existing orders
  • Navigate cross-state collections
  • Fight back against delays, denials, and manipulation tactics

You don’t have to do this alone. And you don’t have to settle for less than what’s right.

Let’s Hold Them Accountable

Unpaid child support isn’t just about money—it’s about justice. It’s about standing up for your children and the promises that were made to support them.

Whether your ex owes $5,000 or $50,000, you have every right to collect it.

Call the Law Office of Sam Byrd today to schedule a consultation. We’ll review your case, explain your options, and help you finally get what your family is owed.

Serving Chattanooga, TN and the greater Hamilton County area.

Author Bio

Sam Byrd is the owner and managing attorney at The Law Office of Sam Byrd. With hands-on experience in divorce, family law, criminal law, and DUI/DWI cases, Sam has been serving clients in Tennessee since 2012. He graduated with a J.D. from the University of Memphis Cecil C. Humphreys School of Law in 2012 and holds a B.S. in Legal Studies from the University of Tennessee – Chattanooga, where he graduated summa cum laude in 2009.

He began his legal career as a paralegal, working under his father’s guidance. Prior to that, Sam served in the United States Marine Corps as a member of the 2/7 Weapons Company stationed at 29 Palms, California.

Sam has received several accolades for his work, including being recognized as a Rising Star in Divorce & Family Law by Tennessee SuperLawyers in 2020, 2019, and 2018. He is also a member of The National Trial Lawyers’ Top 40 under 40, an exclusive professional organization for top trial lawyers under the age of 40. Sam’s commitment to continuous learning and improvement is demonstrated by his certifications in Trial Skills from the National College of DUI Defense in 2019 and 2018.

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