Collecting and Enforcing Back Child Support

Parents who owe back child support often face serious legal consequences and social stigma, especially when the arrears grow large. States can use enforcement tools like wage garnishment, license suspension, tax refund interception, and even jail time for contempt.

Some counties publicly shame “deadbeat parents” by posting their photos, names, and delinquent amounts online. Often, the very title of state laws governing past‑due support uses the term “deadbeat parent.” But “deadbeat parent” isn’t a legal term. Those with overdue child support payments are “in arrears.” And owed child support payments are “arrearages.”

There are many reasons a parent may fall behind on child support payments. Losing a job, a medical emergency, or unstable housing can all make it difficult to keep up. Regardless of the reason, the court can use different enforcement methods to collect payment. They can also consider whether a modification of the support order is warranted.

This article provides an overview of state and federal laws aimed at collecting and enforcing back child support payments. Read on for information about child support debt or child support arrears. You’ll also learn about child support enforcement agencies’ efforts to help with enforcement actions.

Falling behind on child support payments can have serious financial and legal repercussions. Find an attorney near you for help.

Federal Child Support Laws

The federal government gives district attorneys and state attorneys general authority to collect back child support on behalf of custodial parents through the Child Support Enforcement Act of 1984. They also have the authority to penalize non-paying parents.

The goal of enforcement is to encourage non-paying parents to pay their court-ordered child support. If a nudge — like denying a passport — doesn’t do it, there will be stronger penalties. State attorneys can take any of the following enforcement measures against a delinquent parent:

• Wage withholding or garnishment (the court orders an employer to practice income withholding, where they withhold payment and send it to the government to disperse)
• Placing a lien against a home, property, or other real estate; if the owner sells the home or property, the lien must be paid before anything goes to the seller
• Reporting the debtor to credit bureaus, which damages their credit rating
• Freezing bank accounts so the delinquent parent can’t access other money
• Suspending a professional license or a driver’s license (in some states)
• Intercepting an income tax refund
• Intercepting lottery winnings
• Facing jail time; an obligor with past-due child support payments is in “contempt of court,” and a judge can issue a contempt order

Since a jailed parent is unlikely to be able to make child support payments, jail is the last resort.

Child Support Collection Between States

The federal Uniform Interstate Family Support Act (UIFSA) allows enforcement of court-issued child support orders in states where the parents and child previously resided.

The Act says that where the court issued the current child support order has continuing jurisdiction, no matter where the child lives now. The new court must defer to the old child support order. If there is a modification of child support, it must comply with the laws of the original state.

A custodial parent may have an order mailed to an out-of-state court for assistance with enforcement. A parent can also have an order mailed to an employer in another state if wage garnishment is required. Under the Consumer Credit Protection Act, up to 50% – 65% of an employee’s paycheck can be garnished for unpaid child support.

See the U.S. Department of Justice’s Handbook on Child Support Enforcement for more information about collecting unpaid child support across state lines.

Child support enforcement rules and methods vary by state. Find legal help near you.

State Procedures for Enforcing Back Child Support

States handle the enforcement of back child support orders, but the procedures are generally similar across states. Every state has a child support services office that helps enforce child support. The child support services agency’s role is to find and contact individuals with outstanding child support payments. They can use various methods to try to collect child support from the obligor. See State and Tribal Child Support Agency Contacts (DHHS) for information about your state or jurisdiction.

For example, according to New York’s Division of Child Support Enforcement, before any administrative enforcement procedure begins, a delinquent non-custodial parent is sent a notice explaining the child support enforcement process. This will include a time frame for payment and detailed instructions for how to comply.

Depending on the amount of child support owed, or the length of time past due, the state may:

• Garnish wages
• Intercept unemployment insurance
• Suspend a driver’s license
• Deny a passport
• Deny or suspend professional or occupational licenses

Note: This is not a complete list. If these administrative penalties fail, probation or jail time could result.

If the Non-Custodial Parent Cannot Pay

While a non-paying parent does face the possibility of jail time, no one is jailed for lack of means to pay. A non-custodial parent who is unable to pay the full amount of child support must file a motion with the court requesting a modification of child support. Support going forward can change to reflect the parent’s current financial situation.

If you fail to request a modification of child support and just don’t pay, the other parent can take you to court. The judge will issue an order regarding the amount of arrears you owe. This will include how you will pay, as well as any other penalties for your failure to pay the child support as the court has ordered.

Unfortunately for a debt-burdened parent, back child support is on the short list of debts that cannot be discharged in bankruptcy. This means that the paying parent can’t use bankruptcy to avoid their child support obligation.

You’re also subject to credit reporting. The law mandates that credit reporting agencies include information about overdue child support in credit reports. This means that falling behind on your child support obligations can and likely will negatively impact your credit score, which can make it more difficult to find housing, take out a loan, or even get a job.

Need Help Enforcing Back Child Support? Contact a Lawyer 

Most parents want to support their children both financially and emotionally. Unfortunately, this doesn’t always happen. If you have a court order for child support and your co-parent isn’t paying, you can get assistance. Let a family law attorney experienced in child support enforcement and collection help you with your case. 

They can file the appropriate motions in court, help track down missing payments, and explain how wage garnishment, tax refund interception, or contempt proceedings may compel your ex to comply with your child support order. They can also coordinate with the court and child support agency on your behalf. This can help you feel more in control and reduce stress throughout the process. Your attorney will fight to get the financial support your child deserves. 

FindLaw’s directory of family law attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state’s child support laws are relevant, your attorney should be licensed in your state. Your search results will also show important details about potential lawyers, including ratings and whether they offer free case evaluations.