Child Support Enforcement

Non-payment of child support is serious legal matter. Under the Child Support Enforcement Act of 1984, district attorneys (D.A.s) or state's attorneys must help a parent collect child support.

State laws provide options and resources for parents who need to enforce child support orders and collect past-due child support. Methods of enforcement include:

• Intercepting tax returns
• Credit reporting
• Issuing a professional license suspension
• Passport denial
• Real estate and property liens
• Revoking a driver's license
• Deducting child support from lottery winnings
• Seizing property (including bank accounts)
• Wage attachments or wage garnishment

This article covers the basics of child support enforcement. Learn how to get help enforcing a child support order, bankruptcy and child support, modifications, and more.

For more information and resources on child support, see FindLaw's Child Support Law section.

Past Due Amounts of Child Support

Courts are very strict about the enforcement of child support. When a payer falls behind, the court calls the past due support amount "arrearage," and the payer is "in arrears."

If a payer finds him or herself in arrears, they can ask a judge to reduce child support payments. But the court reduces only future payments. The parent must still pay the arrearages in full, at no reduced amount. The court will enforce such payments.

Child Support Services and Enforcement: State Agencies 

Each state has some version of a child support agency with resources that help parents with child support issues. Sometimes child support services are under the umbrella of the Office of the Attorney General or another government entity.

These agencies have child support programs that assist with parent location, establishing paternity, and filing for child support on behalf of children and parents who receive government benefits like public assistance. Agencies can order income withholding to ensure that parents meet their child support obligations. They can also help child support payers resolve enforcement actions when they can't pay.

One of their main functions is to help recipients enforce child support orders. Most states require that parents already have a child support case with an existing order before agency involvement.

Child Support and Bankruptcy

Child support debt is one of few debts that cannot be discharged by bankruptcy. Parents make child support payments to help care for children. This is a public policy issue. The government does not allow parents to use bankruptcy to get out of providing support for their children.

Wage Garnishment and the Federal Government

Title III of the Consumer Credit Protection Act limits the amount of an employee's earnings that can be garnished. The law protects an employee from being fired for wage garnishment for only one debt. The Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration administers Title III. The Wage and Hour Division has no other authority with regard to garnishments. 

The Division states "The law protects everyone receiving personal earnings, i.e., wages, salaries, commissions, bonuses, or other income. This includes earnings from a pension or retirement program. Tips are generally not considered earnings for the purposes of the wage garnishment law. The law applies in all 50 states, the District of Columbia, and all U.S. territories and possessions."

Can You Be Deported for Failure to Pay Child Support? 

Typically not. If you have Lawful Permanent Residency (a “green card”) it is unlikely you would face deportation for failure to follow to child support order alone. But if you are undocumented or in the country on a different type of visa, legal issues related to child support may affect your ability to stay in the U.S.

Not paying court-ordered child support is considered contempt of court. This is an offense punishable by jail time in all 50 states. While child support delinquency alone doesn’t typically result in deportation, involvement with the judicial system can have serious impacts for non-citizens. Specifically, an arrest due to unpaid child support can prompt involvement from Immigration and Customs Enforcement (ICE).

Depending on their legal status, this can lead to detention and removal proceedings. Those with temporary visas may not be able to renew their visas or change their immigration status.

Not making child support payments as ordered can also impact your ability to become a U.S. citizen. Naturalization requirements state applicants must be of “good moral character." Failure to meet child support obligations reflects poorly on this area of the citizenship application.

All parents are legally responsible for the financial support of their children, regardless of immigration status. The court doesn't consider legal status when determining a child’s financial and care needs for a child support order.

If you’re a non-citizen and behind on child support payments, talk to an immigration attorney with experience in family law as soon as possible. An attorney can help you address the child support issues while considering your immigration status.

Get Legal Advice: Find an Experienced Child Support Attorney

If you are a custodial parent looking to get child support and need advice on determining eligibility and how much you can receive, you may want to speak with a family law attorney. An effective lawyer can also help you reach an agreement with your spouse and modify child support orders. Courts will factor the essential financial and support needs of a child, and an attorney can help ensure the child support arrangement reflects the best interests of your child.

Courts will reflect those needs in a child support order. But, if a child's needs change or if there is a significant change in a parent's circumstances, you might have to file for a modification of existing child support. Contact a child support lawyer in your area to learn more.

Child Support Enforcement Resources and Articles 

• Enforcing Child Support: FAQ – Provides answers to frequently asked questions about the enforcement of child support orders. This includes the enforcement of support when the non-custodial parent moves out of state.
• Wage Garnishment FAQ – Provides answers to frequently asked questions about wage garnishment. Wage garnishment is the process of taking someone's wages without their consent with a court order.
• Federal Office of Child Support Enforcement – Provides information and helpful resources from the Office of Child Support Enforcement (part of the U.S. Department of Health and Human Services). This includes links to state and tribal resources and contacts.
• Unpaid Child Support and Getting a U.S. Passport – Provides information about passport eligibility for those with unpaid child support obligations. This includes how to restore eligibility after paying down a past-due balance (U.S. Department of State).
• Can I Sue for Child Support? - Describes how custodial parents can petition the court for a child support order. 
• Child Support Enforcement: Legal Options - Learn about legal options and resources for enforcing child support orders and collecting past-due payments.
• Can You Go To Jail for Not Paying Child Support? - Explains jail time as a potential penalty for unpaid child support. All 50 states allow criminal prosecution for contempt of court offenses.
• How Do I Find a Parent for Child Support? - Explains how state agencies locate non-custodial parents and the Federal Parent Locator service.