{"id":368903,"date":"2022-07-28T05:58:57","date_gmt":"2022-07-28T10:58:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-child-support-enforcement.html"},"modified":"2026-06-10T15:16:25","modified_gmt":"2026-06-10T20:16:25","slug":"can-i-sue-child-support-enforcement","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-child-support-enforcement.html","title":{"rendered":"Can I Sue for Child Support Enforcement?"},"content":{"rendered":"\n
\n

Can I Sue for Child Support Enforcement?<\/h1>\n\n
\n
\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Yes, you can sue for child support enforcement. A parent who fails to correct child support arrearages may face serious legal consequences for the unpaid child support owed. In extreme cases, criminal prosecution is an option.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

You secured your child support order. You know how much money you’re supposed to receive to help raise your child. But that isn’t the end of your case if the other parent doesn’t follow it.<\/p>\n

Once the court grants an order, state and federal authorities enforce it. Past-due child support is in “arrears<\/a>.”<\/p>\n

This article explores the penalties a non-compliant parent may face.\u00a0Learn about your\u00a0child support enforcement options at the state and federal levels. To get advice, discuss your child support case with a family law attorney<\/a>.<\/p>\n

First Step: Make Sure You Have a Child Support Order<\/h2>\n

Though state law varies,\u00a0child support<\/a>\u00a0is secured in three steps:<\/p>\n

    \n
  1. Establish paternity<\/a>.<\/li>\n
  2. Get a\u00a0court order<\/a>\u00a0in a child support case.<\/li>\n
  3. Enforce\u00a0the order<\/a>\u00a0against the obligor.<\/li>\n<\/ol>\n

    If you haven’t followed the legal process to get a child support order, you won’t be able to collect money from the other parent. But once you have a court order, you have the ability to seek enforcement.\u00a0<\/p>\n

    Child Support Enforcement Standards<\/h2>\n

    In the past, only the states handled child support enforcement<\/a>. The inconsistency between the states led to confusion and let under-paying parents slip through the cracks.<\/p>\n

    Now, you’ll have basic standards for enforcement no matter which state you live in. In 1975, Congress responded by requiring all states to manage their child support programs based on minimum federal standards<\/a>. Because this law is in\u00a0Title IV-D<\/a>\u00a0of the Social Security Act, cases handled through these programs are sometimes known as “IV-D cases.”<\/p>\n

    Congress also created the\u00a0Office of Child Support Enforcement<\/a>\u00a0(OCSE). This office\u00a0works with state and tribal agencies\u00a0to develop\u00a0programs based on overarching guidelines<\/a>. It also provides many helpful resources to parents and professionals trying to enforce court-ordered child support. These include a\u00a0comprehensive handbook<\/a> available directly to parents.<\/p>\n

    Child support laws still vary widely from state to state<\/a>. So a local family law attorney<\/a>\u00a0is a crucial ally in securing past-due child support payments.<\/p>\n

    Nonpayment Is a Common Problem<\/h2>\n

    Despite robust government programs, ensuring that minors get financial support from both parents is still an ongoing social problem.<\/p>\n

    The\u00a0Census Bureau reports<\/a> that over 22 million children had a parent living outside their home in 2022. In that year, only three out of four custodial parents with a child support order received payments. This figure includes parents who received any money, even if it wasn’t the full amount owed. That means about a quarter of custodial parents with a support order didn’t get paid at all.<\/p>\n

    Interstate Child Support Enforcement<\/h2>\n

    Often, problems arise when a child or parent moves out of state<\/a>.<\/p>\n

    All 50 states have adopted the\u00a0Uniform Interstate Family Support Act<\/a> (UIFSA) to make sure parents don’t evade their child support obligations by moving states. This law sets a baseline for establishing, modifying, and enforcing child support orders across state lines.<\/p>\n

    Before UIFSA, two states could each issue a support order in one case. This led to confusion and delay when enforcing child support obligations.<\/p>\n

    UIFSA solved the problem by allowing only one “controlling order” to be active. Once one state issues a controlling order, another state’s child support enforcement agency can register it. The new state can enforce the registered order against the non-custodial parent in the new state in the same manner as in the issuing state.<\/p>\n

    Penalties for Nonpaying Parents<\/h2>\n

    Parents may face several legal consequences for failure to follow a child support order. These penalties are both criminal and civil in nature.<\/p>\n

    Non-Criminal Penalties for Nonpayment<\/h3>\n

    Child support enforcement agencies have many tools to encourage or force parents to pay child support arrears. These include:<\/p>\n