How to Collect Unpaid Child Support
Talk to the other parent., Download the appropriate forms., Consider consulting your attorney., Gather required information and documentation., Fill out your forms., File your forms with the court., Have the other parent served., Attend your hearing.
Step-by-Step Guide
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Step 1: Talk to the other parent.
If you are on speaking terms with the other parent, you may be able to work things out on your own and make arrangements without involving the courts.This is especially true if you know the other parent has encountered a temporary hardship but will soon be able to resume regular payments again.If you do come to an agreement with the other parent regarding back child support, make sure you get that agreement in writing.You also may be able to file the agreement with the court or get a judge to approve it so the agreement itself is legally enforceable. -
Step 2: Download the appropriate forms.
Most courts have pre-approved forms you can use to enforce a child support order, which you can find by contacting the clerk's office or your local legal aid clinic. , Especially if you used an attorney in the original child custody case, her help can be invaluable if you must return to court to have the order enforced.
If you had the help of an attorney when the initial child support order was entered, she already has information about your case and the situation, as well as information about the resources the state has available, so she can provide advice on the most efficient way to collect unpaid child support. , You typically will need to provide financial information or other documents to prove that you are not receiving child support as required by the original order.
You also should make a copy of the original order to attach to your complaint or petition for enforcement., Enter the requested information fully and completely either by typing your answers or handwriting them in blue or black ink.
In some states such as Massachusetts, you enforce the original order by filing a document called a Complaint for Contempt., Take your forms along with the requisite number of copies to the clerk's office of the court that issued the original custody and child support order.
Even if the other parent has moved to another state, the court that issued the original order has continuing exclusive jurisdiction over your child support case according to federal law.You will have to pay a filing fee when you file your forms.
If you cannot afford the filing fees, get an application from the clerk to have the fees waived.
You will have to supply information regarding your financial status to have your application approved.
If you meet your state's requirements, you won't be required to pay filing fees., After your forms are filed, you must provide the other parent with legal notice that you have filed a lawsuit against him.
Typically you can serve the other parent using certified mail, or personal service through the sheriff's department or a private process serving company.
If you don't know where the other parent lives or how to serve him, ask the clerk about your county's process for constructive service., The judge may schedule a hearing to rule on your request and issue orders garnishing the other parent's wages, placing liens on his property, or other means available to legally collect the unpaid child support.
If the other parent has moved to another state, federal law gives you the right to mail an order to the court in that state for assistance in enforcing the original child support order.In some states, the law allows the court to revoke a deadbeat parent's driver's license, passport, or professional license until child support arrears are paid.Failure to pay court-ordered child support also can result in the deadbeat parent being found in contempt of court and charged fines or even sent to jail.At the hearing, the other parent must prove that he could not obey the court order and pay child support.
If he cannot prove this, the court may order him to pay the full amount he owes in arrears, put him on probation, or require him to serve a sentence in jail. -
Step 3: Consider consulting your attorney.
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Step 4: Gather required information and documentation.
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Step 5: Fill out your forms.
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Step 6: File your forms with the court.
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Step 7: Have the other parent served.
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Step 8: Attend your hearing.
Detailed Guide
If you are on speaking terms with the other parent, you may be able to work things out on your own and make arrangements without involving the courts.This is especially true if you know the other parent has encountered a temporary hardship but will soon be able to resume regular payments again.If you do come to an agreement with the other parent regarding back child support, make sure you get that agreement in writing.You also may be able to file the agreement with the court or get a judge to approve it so the agreement itself is legally enforceable.
Most courts have pre-approved forms you can use to enforce a child support order, which you can find by contacting the clerk's office or your local legal aid clinic. , Especially if you used an attorney in the original child custody case, her help can be invaluable if you must return to court to have the order enforced.
If you had the help of an attorney when the initial child support order was entered, she already has information about your case and the situation, as well as information about the resources the state has available, so she can provide advice on the most efficient way to collect unpaid child support. , You typically will need to provide financial information or other documents to prove that you are not receiving child support as required by the original order.
You also should make a copy of the original order to attach to your complaint or petition for enforcement., Enter the requested information fully and completely either by typing your answers or handwriting them in blue or black ink.
In some states such as Massachusetts, you enforce the original order by filing a document called a Complaint for Contempt., Take your forms along with the requisite number of copies to the clerk's office of the court that issued the original custody and child support order.
Even if the other parent has moved to another state, the court that issued the original order has continuing exclusive jurisdiction over your child support case according to federal law.You will have to pay a filing fee when you file your forms.
If you cannot afford the filing fees, get an application from the clerk to have the fees waived.
You will have to supply information regarding your financial status to have your application approved.
If you meet your state's requirements, you won't be required to pay filing fees., After your forms are filed, you must provide the other parent with legal notice that you have filed a lawsuit against him.
Typically you can serve the other parent using certified mail, or personal service through the sheriff's department or a private process serving company.
If you don't know where the other parent lives or how to serve him, ask the clerk about your county's process for constructive service., The judge may schedule a hearing to rule on your request and issue orders garnishing the other parent's wages, placing liens on his property, or other means available to legally collect the unpaid child support.
If the other parent has moved to another state, federal law gives you the right to mail an order to the court in that state for assistance in enforcing the original child support order.In some states, the law allows the court to revoke a deadbeat parent's driver's license, passport, or professional license until child support arrears are paid.Failure to pay court-ordered child support also can result in the deadbeat parent being found in contempt of court and charged fines or even sent to jail.At the hearing, the other parent must prove that he could not obey the court order and pay child support.
If he cannot prove this, the court may order him to pay the full amount he owes in arrears, put him on probation, or require him to serve a sentence in jail.
About the Author
Amber Cole
Enthusiastic about teaching lifestyle techniques through clear, step-by-step guides.
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