Collecting Child Support

Having a court order is the first step in obtaining child support, but sometimes it's not enough. If a parent is irresponsible and shirks his or her responsibilities, what can you do?

How Do I Collect Unpaid Child Support?

If your children are under 18 or if you applied for help before your child turned 18, the Child Support Enforcement Agency in your state must help you collect support, for a fee of no more than $25, and must provide you with a "free" attorney if needed.

The assistance provided may involve serving the non-custodial parent with papers requiring him or her to meet with the District Attorney and arrange a payment schedule, and informing the parent that refusal to do so may result in jail time.

What If the Other Parent Lives in Another State?

You or the DA can use legal procedures to locate a parent who has moved out of state, and seek payment. Under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), if the other parent lives in a different state, the court in your state contacts a court in the other parent's state, and that court requires him or her to pay the child support that is due. This is a free service, but unfortunately, it doesn't always work. If you don't know where the other parent is living, there are Federal and state parent locator services that assist in locating missing parents.

What If the Other Parent Won't Pay Court-Ordered Child Support?

A parent's tax refund can be intercepted to enforce a child support order. Wages can be garnished, property can be seized, business or professional licenses can be suspended, and in some states, driver's licenses can be revoked. Unemployment Insurance payments can be attached to pay child support. If the non-payer has assets, you can use a judgment against his or her house or other asset. For other possibilities, see Problems and Solutions.

If you have an ex who fulfills his or her obligations to his or her children and pays child support on time, you're fortunate. If you're one of the millions who do NOT get any child support, or don't get all you should, don't ever give up. Keep working the system until you get the funds that your children are due.

See Page One: Who is Obligated to Pay? How Do I Get a Court Order?