Massachusetts Child Support Enforcement
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 18, 2025
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
When parents divorce or separate, they must decide on issues like child custody and child support. If they're lucky, they can negotiate a fair child support agreement. Otherwise, they must go to court and allow a family law judge to decide.
Once the family court judge signs a child support order, both parties must follow it. The paying parent must make their child support payments on time. If they fail, the other parent can seek help from the Massachusetts Department of Revenue's child support enforcement division.
Here, we'll explain what happens when a non-custodial parent violates a child support court order and discuss what to do if your child's other parent fails to meet their child support obligation on time.
Asking the Court to Enforce Your Child Support Order
A child support order is a legal obligation. You can take legal action if your kids' other parent doesn't pay on time. You can seek court enforcement if you already have a child support order. You can ask the Department of Revenue Child Support Enforcement Division (DOR/CSE) for help if you don't have a court order.
Once you request enforcement, your case manager at the DOR/CSE will contact the NCP and let them know they are commencing enforcement action against them. Your case manager will proceed with enforcement if this doesn't motivate them to catch up on their arrears.
If the non-custodial parent doesn't pay their support payments, the court can hold them in contempt, fine them, or send them to jail. The state may also suspend their driver's licenses and other professional licenses they have.
If nonpayment continues for an extended period, the court may file criminal charges against the NCP. This is rare, but it can happen.
Do I Have to Go Back to Court?
You may have to return to court to enforce your child support order. If the other parent violates the child support order, you can file a "Complaint for Contempt" with the court. After reviewing your case, the judge will likely grant your request and issue an order for contempt.
Ideally, when the NCP learns you're taking action, they'll do the right thing and make their payments. They can appeal to the court to reduce their child support payments. But they must show enough hardship for the court to entertain their child support modification request.
What Can DOR Do To Enforce a Support Order?
Under Massachusetts law, there are several things a parent can do to enforce a child support order. If you owe back child support, you must know these things. It's only a matter of time before you are the subject of child support enforcement activity.
Some of the measures the court and DOR can take include:
- Collect child support
- Placing a levy on your bank account
- Charge interest and penalties
- Increasing your income withholding by up to 25%
- Putting a lien on your property
- Seizing your personal property
- Suspending your license
- Intercepting your tax refunds
- Report to the major credit bureaus
- Filing a complaint for contempt
Criminal Prosecution
If the court decides the non-custodial parent could pay some or all their arrears, it may hold the payer in contempt of court.
The consequences of the court holding you in contempt include some or all the following:
- Suspending your driver's license
- Fines
- Possible jail time
- Criminal charges
To avoid this type of action, you must make an effort to pay your arrears and to make your payments going forward. The Massachusetts Child Support Services Division will not take pity on you. Once it learns that you are in arrears, it will take the measures necessary to enforce payment.
Modifying an Order
If a parent can't afford their child support payments, they can file a motion to modify their existing support order. This requires going back to court and explaining to the judge why you can't make your payments.
Only a judge can change the amount you owe under a support order. They don't have the power or authority to reduce or excuse your arrears.
The court can only modify a child support order in three situations:
- A parent's income has increased/decreased
- Certain expenses for taking care of your child have changed (such as health care or childcare)
- A parent has changed their health insurance
| Agencies | |
|---|---|
| Available remedies |
|
| Interest on missed child support payments | Interest and penalties for past-due child support over $500. |
Disclaimer: State laws change over time due to new legislation, higher court rulings, and other means. While FindLaw makes every effort to provide current information, contact a local family law attorney or conduct legal research to confirm your state laws.
Federal Enforcement
If the NCP moves out of state, the courts in their new state can still enforce your child support order under the Uniform Federal Family Support Act. If you need help locating the other parent, the federal government has a Federal Parent Locator Service.
A Massachusetts Child Support Lawyer Can Help
Child support enforcement laws are complicated. You can contact a family law attorney in your area for legal advice.
Related FindLaw Resources
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.