When the other parent stops paying child support, your children suffer—and you have legal tools to compel payment. Understanding child support enforcement options helps you collect what your children are owed.
Child Support Enforcement Agencies
Every state has a Child Support Enforcement (CSE) agency that can help collect unpaid support at no cost to you. Services include locating non-paying parents, establishing paternity and support orders, collecting and distributing payments, and enforcing orders through various methods.
You can apply for services through your local CSE office or state website.
Income Withholding
The most effective collection method is income withholding—automatically deducting support from the paying parent's paycheck. Most child support orders now include immediate income withholding. If the paying parent changes jobs, the order follows them. Employers must comply with withholding orders.
Intercepting Tax Refunds
Federal and state tax refunds can be intercepted to pay child support arrears. The CSE agency submits cases to the Treasury Offset Program. Refunds are redirected to pay past-due support. Joint refunds may be partially intercepted for one spouse's obligation.
License Suspension
Non-paying parents may lose various licenses: driver's licenses, professional licenses (doctors, lawyers, contractors), recreational licenses (hunting, fishing), and passports (for arrears over $2,500). The threat of license suspension often motivates payment.
Credit Reporting
Child support arrears are reported to credit bureaus, damaging the non-paying parent's credit score. This affects their ability to obtain loans, credit cards, housing, and sometimes employment. Credit damage often provides additional incentive to pay.
Bank Account Levies
Enforcement agencies can seize funds from bank accounts to satisfy child support arrears. This includes checking accounts, savings accounts, and some investment accounts. Notice requirements vary by state.
Property Liens
Liens can be placed on the non-paying parent's property—real estate, vehicles, and other assets. The lien must be satisfied before the property can be sold or refinanced. This doesn't provide immediate payment but ensures eventual collection.
Contempt of Court
Parents who willfully refuse to pay can be held in contempt. Contempt proceedings can result in fines, jail time (typically brief, designed to coerce payment), and orders to pay attorney fees. Courts distinguish between inability to pay and unwillingness to pay—only willful non-payment supports contempt.
Criminal Prosecution
Severe or prolonged non-payment can result in criminal charges:
State charges: Most states criminalize willful failure to pay support.
Federal charges: Crossing state lines to avoid support obligations or owing more than $5,000 for over a year can be federal crimes.
Criminal prosecution is typically reserved for egregious cases after other methods fail.
Locating Non-Paying Parents
When parents disappear to avoid payment, enforcement agencies can locate them through Federal Parent Locator Service, Social Security records, tax returns, employment records, and motor vehicle records. Private investigators may also help locate hidden parents.
Collecting Across State Lines
The Uniform Interstate Family Support Act (UIFSA) enables enforcement across state lines. Your state's CSE agency can work with agencies in other states to collect support from parents who've moved.
Private Collection
You can also pursue collection privately through an attorney who can file contempt motions, pursue judgment collection methods, and negotiate payment plans. Private attorneys may be more aggressive than overworked CSE agencies.
What You Can Do
To improve enforcement efforts: keep records of all missed payments, provide any information about the other parent's employment, assets, and location, respond promptly to agency requests, and consider private legal help if agency efforts stall.