Child Support Enforcement in D.C.

Child support orders define the obligations each parent has for the well-being of their children, but that doesn't guarantee payment. The parents must meet the needs of the child, such as child care, health insurance, and medical expenses. But people don't always follow court orders. Luckily, the District of Columbia has resources to enforce child support payments.

Not getting the funds you expect to help provide for your children is frustrating. This article will help you understand what the Child Support Services Division of the Office of the Attorney General (CSSD) will do to collect overdue child support payments.

Establishing Paternity

You must establish parentage before a child support order gets created. In divorce cases, it's assumed the former spouses are the parents of the children (automatic legal relationship). In other cases, parentage requires determination. One way is if both parents sign an Acknowledgement of Paternity (AOP). This gives legal recognition of parentage, including a birth certificate.

The CSSD can enforce the determination of parentage in other cases by filing a petition in Superior Court. The birth mother and the alleged father must attend a hearing. The court can compel genetic testing to determine if the possible father is the child's birth parent. If so, the court can issue a child support order, or the parents can make arrangements through the Conciliation Process.

How DC Courts Calculate Child Support

The parents' income gets combined into a single gross income. It's cross-referenced with the number of children in the order on the District of Columbia Schedule of Basic Child Support Obligation. FindLaw's District of Columbia child support calculations article explains how the process works.

Final court orders must adhere to the District of Columbia's child support guidelines. These guidelines allow complex child support calculations to determine which parent will make payments to the other and the amount of child support they must pay.

Enforcing Child Support Through Wage Withholding

Resentment over paying child support is possible, and some non-custodial parents might decide not to pay. The District tries to make this impossible by mandating wage withholding as the default method for collecting child support obligations. This takes much of the opportunity to refuse payment from the parent's hands.

Also known as income withholding, wage withholding allows the paying parent's employer to deduct child support from their paycheck. The employer then sends the money to the CSSD, which issues the child support payment to the custodial parent. If the parent is in arrears (owes back payments) on child support, the state can withhold an extra 25% of the child support payment amount.

If a parent reduces their income without good cause (such as quitting a job for no legitimate reason) or refuses to try to find employment, they are still required to make child support payments. The court can rule that their payments stay at the same amount.

Administrative Procedures for Enforcing Child Support

Sometimes, wage withholding isn't available as a payment method. This happens for self-employed people, business owners, and non-custodial parents who don't live in the District. These parents are expected to make payments by mail, online, or in person at participating retailers.

For the CSSD, getting a payment is more important than punitive measures. Parents who fall 30 days into arrears are notified of their status and encouraged to get their payments up to date. If that doesn't work, the CSSD has a variety of administrative procedures for getting the missing funds. These include the following:

• Intercepting state and federal income tax refunds
• Intercepting income connected to certain federal payments (25% of federal retirement benefits, reimbursement payments, and travel/relocation reimbursements)
• Locating, freezing, and seizing bank or other financial accounts through the Financial Institution Data Match (FIDM)
• Intercepting insurance payouts owed to the parent
• Intercepting lottery winnings
• Reporting an arrears balance of at least $1,000 to the credit bureau agencies
• Revoking or suspending a parent's driver's license or vehicle registration through the DMV
• Denying a passport application or suspending an existing passport through the U.S. State Department
• Filing a lien on real estate in the District
• Withholding child support from disability checks
• Seizing worker's compensation checks

These methods are for parents voluntarily refusing to meet their child support obligation. If the parent has suffered a loss of employment or some other significant change in circumstances that makes the payments difficult or impossible, a modification of the order is possible. If the parent could pay but chooses not to and these methods have failed, the courts are the next step.

Contempt Charges for Nonpayment of Child Support

The custodial parent and the CSSD can file civil contempt charges against a nonpaying parent. This can happen after 60 days without a voluntary child support payment. If the delinquent parent is in jail or receiving Social Security disability benefits, this is not an option.

The CSSD will consider filing criminal contempt charges against a nonpaying parent if the following conditions apply:

• The appropriate administrative enforcement actions failed to collect overdue support
• No voluntary significant payments were made in at least 90 days
• The CSSD believes the parent can make the child support payments but chooses not to

Sometimes, the ability to make a child support payment is beyond the parent's ability. The CSSD won't file criminal contempt charges if any of the following situations apply:

• The case is for arrears only
• The child custody arrangement has changed, and the non-custodial parent is now the custodial parent
• The nonpaying parent was receiving public assistance such as Temporary Assistance for Needy Families (TANF) or SSI during the period of nonsupport and is receiving TANF or SSI at the time a criminal contempt action is considered
• The nonpaying parent was in jail during the period of nonsupport or is incarcerated
• The nonpaying parent is or was getting inpatient drug or mental health treatment
• An active wage withholding order is in place, and payments are received

Filing criminal contempt charges is the CSSD's last resort. If the court finds a parent guilty, they face the following possible punishments and required actions:

• Jail time of up to 180 days
• Mandatory participation in a rehabilitative program
• Acceptance of appropriate and available employment
• Participation in job search and placement activities
• Probation
• Any other action the court chooses to impose

Sometimes, a situation can get out of control. If you're facing criminal contempt charges for voluntary non-payment of child support, it's a good idea to speak with a District criminal defense attorney.

District of Columbia Child Support Enforcement: Summary

Children require support to meet their needs. Ensuring they receive the proper child support is important to the District of Columbia.

Disclaimer: District of Columbia laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, consult a family law attorney to confirm current District laws.

D.C. Child Support Enforcement: More Resources

• District of Columbia Child Support Calculations
• District of Columbia Child Support Guidelines
• CSSD Online Child Support Guideline Calculator
• DC Courts Online Forms — Child Support
• DC Child Support Modification

Need Help With Child Support Enforcement in DC? Call an Attorney

A parent's ability to provide for their child may depend on child support payments. Needs such as childcare expenses and educational expenses can add up. If you're having issues with child support payment enforcement in the District, an experienced child support attorney can help with your child support case.