Your ex owes thousands in child support, and the money just isn’t coming. Unpaid child support affects millions of families, leaving custodial parents struggling to provide for their children. If your child’s other parent isn’t paying court-ordered support, you have legal options to collect what’s owed—often without hiring a private attorney.
Quick Answer
You typically don’t “sue” for unpaid child support in the traditional sense—instead, you enforce the existing child support order through the court or your state’s child support enforcement agency. Enforcement options include wage garnishment, tax refund interception, license suspension, and even jail for contempt of court. Your state’s Child Support Enforcement Agency provides free or low-cost help with collection.
Enforcement Options
Through Your State Agency (Free)
Every state has a Child Support Enforcement (CSE) agency (sometimes called IV-D services) that will help collect support at little or no cost to you. They can:
- Locate the non-paying parent
- Establish paternity if needed
- Set up wage withholding
- Intercept tax refunds
- Report to credit bureaus
- Suspend licenses
- File contempt actions
Income Withholding
The most effective collection method. The court orders the employer to deduct child support directly from the paying parent’s wages.
- Works automatically once in place
- Employers must comply or face penalties
- Can take up to 50-65% of disposable income for support arrears
Tax Refund Interception
Federal and state tax refunds can be seized to pay past-due child support. The Federal Tax Refund Offset Program intercepts federal refunds when arrears exceed:
- $150 for families receiving public assistance
- $500 for families not receiving public assistance
License Suspension
States can suspend various licenses for non-payment:
- Driver’s license
- Professional licenses
- Recreational licenses (hunting, fishing)
- Passport (for arrears over $2,500)
Property Liens
A lien can be placed on the non-paying parent’s property (real estate, vehicles, bank accounts), which must be paid when the property is sold or refinanced.
Credit Reporting
Unpaid child support can be reported to credit bureaus, damaging the non-payer’s credit score and affecting their ability to get loans, housing, or employment.
Contempt of Court
If the non-paying parent has the ability to pay but refuses, they can be held in contempt of court—which can result in:
- Fines
- Jail time (until they pay or make payment arrangements)
Contempt is a powerful tool but typically requires proving the parent could pay but chose not to.
How to Start Enforcement
1. Contact Your State Child Support Agency
Apply for services through your state’s Child Support Enforcement program. They’ll assign a caseworker to help with collection. Find your state agency at the federal Office of Child Support Enforcement website.
2. Gather Documentation
Collect:
- Copy of the child support order
- Records of payments made and missed
- Information about the non-paying parent (employer, address, assets)
3. File a Motion for Enforcement
You or the agency can file a motion with the court that issued the support order, asking for enforcement action.
4. Attend the Hearing
At the hearing, the court will:
- Determine how much is owed
- Assess the non-paying parent’s ability to pay
- Order appropriate enforcement actions
- Set a payment plan for arrears
Collecting Across State Lines
If the non-paying parent lives in another state:
- UIFSA (Uniform Interstate Family Support Act): Allows enforcement across state lines
- Your state agency can work with the other state to enforce the order
- Federal criminal charges: Willful failure to pay over $5,000 or for more than a year is a federal crime
When You Need a Private Attorney
While state agencies provide free help, a private attorney may be valuable when:
- The non-paying parent has hidden assets
- Complex tracing of income is needed
- You want more aggressive pursuit
- State agency response is too slow
- Arrears are very large
- Contempt proceedings are needed
What You Can Collect
Current Support
Ongoing monthly obligations as ordered.
Arrears (Back Support)
All unpaid amounts accumulate as arrears. In most states, child support arrears:
- Never expire (no statute of limitations)
- Survive the child turning 18
- Accrue interest in some states
- Can be collected even after the child is an adult
Interest
Many states charge interest on unpaid child support (rates vary, often 10-12% annually).
Frequently Asked Questions
How much unpaid child support is too much to ignore?
Don’t wait. The sooner you act, the easier collection becomes. Large arrears are harder to collect and suggest a pattern of non-payment that should be addressed immediately.
What if my ex says they can’t pay?
They must prove inability to pay. Job loss or income reduction may justify a modification of the support order, but they must go to court to request it. Until modified, the full amount continues to accrue.
Can I stop visitation if they don’t pay?
No. Child support and visitation are legally separate issues. Withholding visitation can backfire and result in you being held in contempt. Continue following the custody order.
What if they work under the table?
Enforcement is harder but not impossible. Courts can:
- Impute income based on earning capacity
- Order payment of a lump sum
- Seize assets
- Hold them in contempt
Does child support expire if my child turns 18?
Current support typically ends at 18 (or later if the child is in high school or college, depending on state). However, arrears owed never expire in most states and can be collected indefinitely.
What if they file bankruptcy?
Child support cannot be discharged in bankruptcy. It survives bankruptcy proceedings and remains fully collectible.
Criminal Prosecution
In severe cases, criminal charges may apply:
State Criminal Charges
Most states make willful failure to pay support a misdemeanor or felony, depending on the amount and duration.
Federal Criminal Charges
Under the Child Support Recovery Act, willfully failing to pay support for a child in another state is a federal crime if:
- Arrears exceed $5,000, or
- Support has been unpaid for over 1 year
Penalties include fines and imprisonment.
When to Contact a Lawyer
Consider consulting a family law attorney if:
- Your ex has significant hidden income or assets
- Arrears are substantial and state agency efforts aren’t working
- You need contempt proceedings filed
- Collection involves complex interstate issues
- You want to pursue the matter more aggressively than the state agency will
Many family law attorneys offer consultations to discuss your enforcement options.
Last updated: January 2025
This article provides general information about child support enforcement in the United States. Laws vary by state. Consult with a family law attorney or your state’s child support agency for advice specific to your situation.
