What to do if child support is not paid

When child support is not paid, the unpaid amount is called arrears, which means support that is past due. Arrears don't go away. Each missed payment became a judgment on the day it was due, with the force of a court judgment, and it can't be lowered later (42 U.S.C. 666(a)(9)). The child support agency has strong tools to collect it.

Step 1: Keep a record

Write down the date and amount of every payment you got and every one you didn't. If payments go through the state, ask the agency for a payment history. A clear record helps the agency act and helps you if there is a hearing.

Step 2: Ask the agency to enforce

If you have a case with the agency, ask it in writing to enforce the order. If you only have a court order, you can open a case with the agency and ask it to collect. The free letter below asks the agency to use the enforcement tools in state and federal law, gives what you know about the other parent's job or address, and asks whether interest is being charged.

The tools agencies use

• Income withholding. Support orders must allow support to be taken straight from pay (42 U.S.C. 666(a)(8)). For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not, and 55% or 65% when support is more than 12 weeks behind (15 U.S.C. 1673(b)).
• Tax refunds. A federal tax refund can be taken to pay past-due support (42 U.S.C. 664).
• Passports. A parent who owes more than $2,500 can be refused a passport (42 U.S.C. 652(k)).
• Licenses. States must have the power to withhold or suspend driver's, professional and recreational licenses for overdue support (42 U.S.C. 666(a)(16)).
• Bank matches. States match lists of parents who owe support with bank records (42 U.S.C. 666(a)(17)).

Each state also has its own tools, such as liens and contempt of court, and its own rules for when a license can be suspended. Examples from our state guides:

• Texas: Overdue support equal to at least 3 months of support, after you were offered a repayment schedule and did not follow it.
• California: Payment more than 30 days overdue triggers a notice to licensing agencies; you get 150 days to respond the first time and 30 days the next time.
• Florida: The agency may send a notice of intent to suspend once a payment is 15 days late.
• New York: Driver's, professional and recreational licenses can be suspended when past-due support equals or exceeds four months of support.
• West Virginia: Arrears equal to or more than 6 months of support, or 6 months of unpaid medical support.

Interest on arrears

Some states add interest to unpaid support and some don't. In our state guides, 3 states charge no interest, for example Minnesota, New Jersey and Vermont. Where a single yearly rate is stated, it runs from 2% (Oklahoma) to 12% (Missouri, Rhode Island and Washington). Some states charge interest only after a court judgment, or set the rate each year. See the interest by state table.

If the other parent lives in another state

Your agency can send the case to the other state's agency, which must work it (45 CFR 303.7). Every state must enforce another state's support order (28 U.S.C. 1738B(a)). Read child support when parents live in different states.

If you are the parent who owes support

If you can't pay the full amount because your income dropped, ask for a review right away: a lower amount can count only from the date the other parent gets notice of your request. Read how to change a child support order. Some states offer payment plans on arrears; your state page says so where our data has it. Paying something and asking for a review protects you better than waiting.

Step by step

1. Keep a record of payments received and missed.
2. Open a case or contact your agency; send the enforcement letter below.
3. Give the agency any leads: the other parent's employer, address or bank.
4. Ask for a written statement of what is owed, with any interest.
5. Go to every hearing, and tell the agency when your address changes.

This is general information, not legal advice. A legal aid office can help for free; each state page lists free help.