How to Collect Back Child Support

Step-by-Step Guide

1. 1

   Step 1: Consider meeting with an attorney.

   Family law can be complicated and far-reaching.
   
   Many different things are likely to impact your case, and an experienced attorney can provide guidance.
   
   To find an experienced family law attorney, visit your state's bar association's website, which should run a referral service.
   
   Even if costs are a concern, you should be aware that many attorneys now offer "unbundled" services.
   
   Under this arrangement, the attorney will perform discrete tasks, such as looking over documents or coaching you through the process.
2. 2

   Step 2: Document the arrearages.

   Many states require parents to pay their child support into a government agency, which then disburses the payments to you.If this is the case, then contact the agency and ask for a printout of the payment history.
   
   You will need this information to show to the judge.
   
   If payments were made directly to you, then you will need to create your own payment history.
   
   Get bank statements and document the dates of payments made as well as missing or partial payments.
   
   Calculate the amount owed in back child support.
   
   The other parent may have also been ordered to pay healthcare or childcare expenses.
   
   If the other parent has not paid those either, then you will need to document the non-payment.
   
   You must be sure to send the other parent copies of the bills and keep receipts to show that you have done so.
   
   Also, you must have copies of all your bills ready to take to court., Each state has a government agency that will collect child support on your behalf.
   
   These are called “Title IV-D” agencies.If you currently receive Medicaid, Temporary Aid for Needy Families, or federal childcare, then you should have been automatically referred to the agency already.If you are not currently receiving assistance, then you can apply to use your state's services.
   
   There is usually a small fee ($25).Contact your state's enforcement agency and ask for an application.
   
   You should give serious consideration to using your state's enforcement agency, especially when you can't locate the other parent or the other parent lives in another state.
   
   To find your state enforcement agency, use this interactive map. , When you move a court to enforce a prior order, you have various remedies available.
   
   For example, the court could hold the other parent in “contempt.” When the court holds someone in contempt, it can issue a warrant for that person’s arrest and sentence the person to jail unless they follow a payment plan.In most states, contempt can only be used if the payer was able to pay but has refused.
   
   The court also has other options for recovering money from the non-paying parent.
   
   For example, the court can redirect federal and state income tax refunds to you to make up for arrearages.The court can also put liens on property or seize some property and sell it.The court may also suspend driving or professional licenses in an attempt to get the parent to pay support.It can also deny passports to those who owe over $2,500., If you choose not to use your state agency to help you collect back child support, then you will need to initiate an enforcement action by filing a motion in the appropriate court.
   
   Generally, this will be the court that issued the initial child custody order.
   
   If the parent has moved out of state, you will likely need to "Register a Foreign Decree" prior to initiating the enforcement action.
   
   This can usually be done on the same day that you start the enforcement action. , Virtually all states provide pre-printed "fill in the blank" forms for enforcement actions.
   
   You will need to ask the court clerk for the appropriate forms.
   
   You will need a form to start the enforcement action.
   
   This form goes by different names.
   
   It might be called a “Motion to Enforce”or a “Motion to Enforce Litigants’ Rights.”You may also have to fill out supplemental forms, such as an Affidavitor an Income Withholding Order (IWO).
   
   Be sure to ask the clerk if you have all of the necessary forms.
   
   Some states provide an interactive online program that creates your documents tailored to your particular circumstances. , Depending on the form, you may be asked slightly different information.
   
   However, most forms should ask for personal information about you and the child (name, date of birth, address, Social Security Numbers) as well as personal information about the non-custodial parent.
   
   You will also need to correctly refer to the initial child support order.
   
   Identify it by court, judge, and date issued.
   
   Always use full legal names instead of nicknames.You will also report the total amount of arrearages. , Check to see if you need to have the forms notarized.
   
   If you do, then take the forms to a notary and sign there.Notaries may be found in most banks and courthouses.
   
   Be sure to bring proper notification: a valid driver's license or passport. , You should gather all of your forms.
   
   Include a copy of the original child support order and a copy of the payment history.
   
   Make several copies for yourself and one for the other parent. , Give the original set of documents to the clerk of court and state that you wish to file the forms.
   
   Ask the clerk to stamp all of the copies.
   
   You can also register your decree at this time, if necessary.
   
   Ask for the form and fill it out.
   
   You may have to pay a filing fee.
   
   Fees vary by state and court.
   
   In many states, you will not have to pay a filing fee if all you are seeking in your motion is to enforce a child support order.Other states will charge a small fee to enforce a child support order (less than $50).
   
   If you cannot afford the filing fee, then ask for a fee waiver form and fill it out. , You must serve the other parent with a copy of your motion or petition.
   
   Ask the court for acceptable methods of service.
   
   Generally, there are three common methods of service: mail, personal service, or service by publication.
   
   Some courts allow you to mail the papers by certified mail, restricted delivery and return receipt requested.
   
   When you receive the signed, green receipt, you will then file it with the court clerk as proof of service.
   
   You can also personally serve on the other parent using either the sheriff or a professional process server.
   
   You will have to pay a fee, which varies but should be around $50.
   
   Before scheduling service, be sure to pick up an Affidavit of Service (or equivalent form) from the court clerk and attach it to the papers to be served.
   
   The server will sign off on this form, attesting that service has been made.
   
   The form will then be mailed back to you.
   
   You must file it with the court clerk.
   
   Often, you can have someone over aged 18 serve papers as well, provided they are not part of the case.
   
   Courts generally do not allow you to make service yourself.
   
   If the other parent cannot be found, then you will probably have to serve by publication.
   
   This can be quite complicated.
   
   You should either consult with an attorney or work with your state’s Attorney General’s child support division. , If you file by motion, then you can ask for a hearing date.
   
   Alternately, the date may be mailed to you.
   
   If you are given a date, then you should fill out a Notice of Hearing form and send it along with the papers that you serve on the other parent. , Discovery is the mechanism for getting documents held in the possession or control of the other party.In the child support context, you may want to use discovery if you think the other parent is hiding income or assets.
   
   You can request the following:
   Personal income tax returns for the past five years.
   
   Business income tax returns for any business which the parent had an ownership interest in for the past five years.
   
   A list of all bank accounts, including all bank accounts closed in the past five years.
   
   A detailed list of investments.
   
   Copies of bank statements.
   
   Copies of insurance policies.
   
   Any other financial document, including information on trusts, credit cards, real estate, and other property. , If you seek discovery from the other parent, then you will need to file a discovery motion.
   
   Your court should have either a blank motion form or a black discovery request motion.
   
   Secure the form and fill it out.
   
   In the body of the motion, you should state as specifically as possible what you want from the other parent.
   
   If you want tax returns for the past five years, then state: “I am requesting tax returns from .” You will have to file your discovery motions and then send a copy to the other parent. , A part of discovery is to make any disclosures of your own when requested to by the other party.
   
   These disclosures may include financial affidavits, bank statements, tax returns, and a list of any potential witnesses that you intend to call at the hearing.
   
   Some disclosures may be mandatory.
   
   That is, the other side does not have to file a discovery motion.
   
   The forms you receive from the court may state what you must disclose.
   
   If you have questions, ask an attorney or visit your court’s self-help center. , If you think someone has relevant information about the other parent, then you may want them to testify for you at the hearing.
   
   You can be sure to remind them by serving on them a subpoena, which you can get from the court clerk.
   
   On the subpoena, you will list the day and time of the hearing, as well as its location.You will have to serve the subpoena.
   
   This often requires more than simply dropping it off with the witness.
   
   Ask the court clerk how subpoenas may be served.
   
   You might want to call a witness if someone knows that the other parent has a job but is not disclosing the income or is being paid under the table.
   
   Remember that witnesses can only testify as to what they personally know.
   
   You cannot call a witness to testify as to what someone else has told them. , To prepare for the hearing, you should review all of the papers that you have filed, as well as anything filed by the other parent in response.
   
   If you are bringing the enforcement action yourself, you should prepare to answer the judge's questions.
   
   You should also locate a picture of the non-custodial parent and take it to court.
   
   If the court issues a bench warrant to arrest the parent, then a picture will assist the sheriff. , You should give yourself plenty of time to find parking and get to the courtroom at least fifteen minutes before you are scheduled to start. , Remember that the courtroom is a professional place.
   
   Accordingly, you should dress in a respectable fashion.
   
   As a rule of thumb, dress as you would if going to church.Men should wear slacks and a dress shirt or a nice, solid-colored polo.You should have facial hair trimmed and neat.
   
   Women should dress business casual: a blouse with a mid-thigh skirt or slacks.
   
   Dresses are fine if not too revealing.No loud jewelry.
   
   Do not wear T-shirts, jeans with holes in them, halter tops, or shorts., At the hearing, you will testify under oath about why you think the other parent has not followed the court’s orders.
   
   This transcript can help you plan what to say.
   
   After taking testimony, the judge will then have to decide whether or not the other parent owes arrearages and must decide what further action to take. , The prevailing party is usually tasked with preparing the order.
   
   The substance of the order is whatever the judge has verbally ordered.
   
   You must reduce this to writing.
   
   There should be blank order forms for you to fill out.
   
   After filling it out, give it to the other parent to review.
   
   Then give it to the court clerk.
   
   After the judge reviews the order and signs it, you will be given a copy.
   
   It may be mailed to you. , If you believe the judge decided wrong, then you may be able to appeal.
   
   You should ask the court clerk for a Notice of Appeal form and fill it out.
   
   You must have legitimate grounds for an appeal.
   
   For example, you may believe that the judge did not understand the facts properly or did not apply the law to the facts in the right way.
   
   You cannot appeal simply because you are unhappy with the ruling. , Some courts arrange for service of the IWO on the employer.
   
   If your court does not, then you will need to make arrangements.The instructions to the form should include proper methods of service.
   
   Typically, you must attach the underlying enforcement order you have received to the IWO.
   
   You may need each of these to be certified copies that the clerk will prepare for an additional fee.
   
   These documents must be served on the employer.
   
   You must also send a copy of the IOW to the other parent. , If the non-custodial parent is owed a refund from the state or federal government, then you can garnish the refund.
   
   You should contact the child support enforcement office in your state for more information. , In many states, the child enforcement office is tasked with assisting recipient parents with collecting past-due child support by bank levy.
   
   In general, you will need to provide the office with a copy of the court’s most recent order and information about the non-custodial parent’s bank account.
   
   You can also seek to levy bank accounts on your own, though this isn’t recommended because of the complexity of the process.
   
   Instead, you should work with your state child enforcement agency, which has more experience collecting money.
   
   To levy, you will need to apply to the court for a Writ of Execution or Order to Withhold.
   
   Most courts provide forms for this application.
   
   A typical form looks like this.
   
   You must fill out this form with information from the court’s order.
   
   You may also need to fill out a “Memorandum of Costs After Judgment” form, or its equivalent.
   
   In this form, you will list the amount of the judgment, any attorney fees (if applicable), and any interest.You then must file your Writ and Memorandum of Costs in court, and then serve notice on the other parent, who will have a chance to respond.
   
   The court will review your submission and issue a writ, which is good for a set amount of time (for example 180 days).
   
   You will then serve the writ on the bank, along with written instructions provided on a levy form.The bank has a set amount of time to turn the funds over (e.g., 10 days) or explain why some funds cannot be turned over.
   
   The debtor also may claim that certain funds are exempt.
   
   You will then have to attend a hearing.
3. 3

   Step 3: Contact your state's Attorney General's office.

4. 4

   Step 4: Understand the remedies available.

5. 5

   Step 5: Locate the appropriate court.

6. 6

   Step 6: Get the necessary forms.

7. 7

   Step 7: Complete the forms.

8. 8

   Step 8: Sign the forms.

9. 9

   Step 9: Assemble the forms.

10. 10

    Step 10: File the forms.

11. 11

    Step 11: Serve notice.

12. 12

    Step 12: Ask for a hearing date.

13. 13

    Step 13: Engage in discovery.

14. 14

    Step 14: File a discovery motion.

15. 15

    Step 15: Make disclosures.

16. 16

    Step 16: Contact witnesses.

17. 17

    Step 17: Review your papers.

18. 18

    Step 18: Arrive early.

19. 19

    Step 19: Dress appropriately.

20. 20

    Step 20: Answer questions.

21. 21

    Step 21: Prepare the order.

22. 22

    Step 22: Pursue an appeal.

23. 23

    Step 23: Serve the Income Withholding Order (IWO).

24. 24

    Step 24: Garnish tax refunds.

25. 25

    Step 25: Levy bank accounts.

Detailed Guide

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