You Need Child Support Enforced: How to Secure What Your Child Is Owed

Raising a child takes time, love, and commitment—and it also requires consistent financial support. When a court orders child support, it’s not a suggestion or favor—it’s a legal obligation meant to ensure that children have the resources they need to grow up healthy and supported.

But unfortunately, not every parent follows through on this responsibility. If your co-parent is failing to make child support payments—or is only paying sporadically—it can leave you struggling to cover basic needs like housing, food, childcare, education, and medical care.

The good news? You don’t have to handle this alone. Whether you’re dealing with late payments, partial payments, or complete noncompliance, there are legal systems and tools in place to help you enforce child support orders and protect your child’s well-being.

This guide explains your rights, what enforcement options exist, and how to take action when child support isn’t being paid.

Step 1: Confirm That a Legal Child Support Order Exists

Before you can enforce child support, you must have a formal court order that outlines:

• The amount to be paid
• The frequency (weekly, bi-weekly, monthly, etc.)
• The method of payment (through the court, child support agency, or directly to you)
• Any additional expenses to be shared (e.g., medical bills, extracurricular activities, school fees)

If you only have an informal agreement between you and the other parent, you’ll need to go to court to get an official child support order in place before you can seek enforcement.

Once a valid court order exists, the paying parent is legally bound to comply—failure to do so can result in serious consequences.

Step 2: Keep a Record of Payments (or Lack Thereof)

Documentation is key to enforcement. Keep detailed records of:

• Every payment received (amount, date, method)
• Missed or partial payments
• Any communication with the other parent about payment
• Receipts or bank statements for payments made or missed
• Copies of the court order and related filings

If payments go through a state-run child support enforcement agency, they’ll often track this for you. If you receive direct payments, keep your own ledger and copies.

Accurate documentation strengthens your case if you need to go to court or request enforcement actions.

Step 3: Contact Your Local Child Support Enforcement Agency

Every U.S. state has a child support enforcement office, often part of the Department of Human Services or a family services agency. These agencies can take a variety of steps to help you collect unpaid child support.

They may:

• Contact the non-paying parent and demand payment
• Set up wage garnishment directly from their paycheck
• Intercept tax refunds or stimulus payments
• Place liens on property or bank accounts
• Report the delinquency to credit bureaus
• Suspend licenses (driver’s, professional, recreational)
• Deny passport applications
• Take legal action that could result in fines or jail time

These tools are designed to compel payment, not just punish, and often result in fast compliance.

Step 4: File a Contempt Motion in Court (If Needed)

If administrative enforcement isn’t effective—or if you prefer to handle the matter through court—you can file a motion for contempt. This is a formal request asking a judge to find the other parent in violation of the support order.

If the court finds that the parent:

• Willfully failed to pay
• Had the ability to pay but chose not to
• Is in arrears (past due)

…they may be held in civil or criminal contempt, which can lead to:

• Wage garnishment
• Jail time (often with a “pay to purge” option)
• Additional fines or penalties
• Court orders for catch-up payments on a schedule

You’ll need to bring evidence of missed payments and demonstrate that enforcement is necessary.

Step 5: Consider Wage Garnishment or Income Withholding

One of the most effective ways to collect unpaid child support is wage garnishment (also called income withholding). This process deducts the support payment automatically from the other parent’s paycheck, before it even reaches their bank account.

Wage garnishment is usually:

• Ordered by the court or child support agency
• Sent directly to the employer, who is legally required to comply
• Ongoing until the arrears are paid in full (or the child support obligation ends)
• Limited to a certain percentage of wages under federal and state laws

Income withholding can also apply to unemployment benefits, workers’ compensation, or Social Security payments in some cases.

Step 6: Explore Other Enforcement Tools

Depending on your state and the severity of the case, additional enforcement options may be available:

• Bank account seizure – Freezing or garnishing bank assets
• Tax refund interception – State and federal refunds redirected to you
• Lottery winnings – Seized before being paid out
• Real estate liens – Placed on property, preventing sale or refinance until paid
• License suspension – Targeting driver’s, business, or hunting/fishing licenses
• Credit reporting – Delinquency may appear on the parent’s credit report

These measures can be powerful incentives for a non-compliant parent to fulfill their obligation.

Step 7: Consider Mediation (in Some Cases)

In some situations—especially when the non-paying parent has genuine financial hardship or there's been a change in circumstances—mediation can help both parties reach a realistic plan without resorting to court.

Through mediation, you might agree to:

• Modify the payment schedule
• Adjust the amount temporarily (pending court approval)
• Arrange partial catch-up payments over time

Any changes to child support must be approved by the court to be enforceable.

Step 8: Know When to Modify the Child Support Order

If the other parent has lost a job, become disabled, or experienced a significant income change, they are supposed to request a modification through the court—not simply stop paying.

Likewise, if your circumstances have changed (e.g., increased childcare costs, reduced income), you may request a modification to increase support.

Until the court approves a new order, the original amount remains legally binding—even if one parent thinks it's unfair.

Step 9: Protect Yourself and Your Child

Unpaid child support can create serious hardship—but don’t let it consume your time, energy, or financial stability. Consider:

• Exploring public assistance programs for food, housing, or medical care if needed
• Speaking with a family law attorney for tailored advice
• Working with a local child support office to monitor, enforce, and modify the order
• Keeping communication with the other parent civil and child-focused

Above all, remember that this process isn’t about punishing the other parent—it’s about ensuring your child receives the support they deserve.

Final Thoughts

Child support isn’t optional—it’s a legal and moral responsibility. If your co-parent isn’t paying as ordered, don’t wait and hope it will get better. Take action. There are effective legal tools to help you enforce child support orders and secure the financial support your child needs to thrive.

By staying organized, informed, and assertive, you can make sure the system works for you—and most importantly, for your child.

Don’t Be Afraid To Get Help

If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.