Feb42026
Family Law Q&A Series

Can I ask the court to add missed child support to what the other parent owes now? – North Carolina

Short Answer

Yes. In North Carolina, each child support payment becomes owed when it comes due, and unpaid amounts become “arrears.” Those past-due amounts generally cannot be erased or reduced later, so they can be added to the running balance and enforced in the same case.

In practice, the court (or Child Support Enforcement) usually confirms the amount owed and can enter orders to collect both current support and an additional amount toward the arrears.

Understanding the Problem

In a North Carolina child support case, can the court be asked to treat missed payments from an earlier period as part of what is owed now in an ongoing matter? The decision point is whether the missed payments were due under an existing support order (or approved agreement) and were not actually paid or credited when due.

Apply the Law

North Carolina treats each scheduled child support payment as a separate obligation that becomes fixed when it comes due. If a payment is missed, it becomes an arrearage. As a general rule, once a payment is past due, it cannot later be retroactively reduced or wiped out, even if circumstances changed later. Courts can still modify child support going forward, but the past-due amounts are handled as arrears and collected through enforcement tools.

Most often, the issue is handled by filing a motion in the existing case asking the court to determine the arrears amount and enter an enforcement order (for example, setting a monthly arrears payment on top of current support, or reducing arrears to a judgment for collection purposes). The Clerk of Superior Court is also involved in recordkeeping and, depending on the remedy, docketing a judgment or lien-related paperwork.

Key Requirements

  • There is a valid support obligation: The missed payments must be due under a court order (or an agreement approved by the court/agency) for a specific time period.
  • The amount is actually unpaid (or not credited): The court will look at payment records and any proof of direct payments to decide what is still owed.
  • The request uses the right procedure in the right file: Arrears are typically addressed by a motion in the cause (in the same case) and supported by a payment history and a clear calculation of what is missing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the issue is missed payments during a prior period that were due under an existing child support obligation, and the goal is to address that in an ongoing North Carolina matter. If the payment records show gaps for that period, those unpaid installments are typically treated as arrears that remain owed and can be added to the current balance for enforcement. If the other parent claims the payments were made outside the official payment channel, the court will usually require reliable proof (for example, a canceled check, money order record, or a dated receipt) before giving credit.

Process & Timing

  1. Who files: The parent owed support (or Child Support Enforcement in an IV-D case). Where: North Carolina District Court in the county where the child support case is filed, through the Clerk of Superior Court for filing. What: Typically a motion in the cause asking the court to determine arrears and enter an enforcement order (often supported by the official payment history and a proposed arrears calculation). When: As soon as the missing period is identified, especially if another hearing is already scheduled in the case.
  2. Prove the numbers: The moving party usually gathers the payment ledger (from the state disbursement unit or clerk records), identifies the missed months, and accounts for any credits. The other parent can respond and dispute the amount or claim credit for direct payments.
  3. Court order to collect: If the court finds arrears exist, it can set a repayment amount toward arrears in addition to current support and may use other enforcement tools when appropriate (including reducing arrears to a judgment for collection purposes).

Exceptions & Pitfalls

  • Mixing up “arrears” with “modification”: A request to change the monthly amount going forward is different from a request to confirm and collect missed payments from the past. Past-due amounts are usually treated as fixed once they come due.
  • Credit for direct payments: If support was supposed to be paid through the official collection channel, direct payments can be disputed. Courts commonly require solid proof before crediting them, and the safest practice is payments through the official system.
  • Record problems: Missing bank records, informal cash payments, or unclear “in-kind” support can lead to disputes and delays. A clear month-by-month chart matching the order to the payment history often prevents confusion.

Conclusion

Yes—North Carolina courts generally treat missed child support payments as arrears that remain owed and can be added to what is due now for enforcement. Past-due payments usually cannot be retroactively reduced after they accrue, even if circumstances later change. The practical next step is to file a motion in the cause in the existing case asking the District Court to determine the arrears amount and enter an order setting payment toward arrears (often alongside current support) based on the official payment history.

Talk to a Family Law Attorney

If you’re dealing with missed child support payments and want them included in the current balance in a North Carolina case, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.