How to enforce child support order

Enforcing Child Support Orders: Dealing With a Deadbeat Parent

Now more than ever, it’s becoming harder for deadbeat parents to skip out on child support. Strict laws have been enacted to establish and enforce child support orders.

By Lina Guillen, Attorney

In all 50 states and the District of Columbia, parents that are divorced (or separated if they were never married) have an ongoing legal obligation to support their children. Sadly, too many kids grow up without the financial support they need when parents fail to pay court-ordered child support.

Now more than ever, it's becoming harder for deadbeat parents to skip out on child support. Strict laws have been enacted to establish and enforce child support orders. And federal, state and local agencies have powerful child-support collection tools at their disposal.

Establishing Child Support

You must first get a court order to establish child support - there are several ways to do this. First, you and your child's other parent can agree on an appropriate amount (usually set by your state's guidelines) for support. A judge must approve your agreement and turn it into an official court order.

If you and your child's other parent can't agree, you'll have to ask a Judge or local agency to set the amount. You can hire an experienced attorney in your area to file a request for a child support order.

If you can't afford an attorney, don't give up hope. Your state or local child support service office (referred to as the "Department of Child Support Services" or the "Office of Child Support Services") can help parents establish, enforce, collect and modify child support orders.

These government child support service offices don't represent either parent, but instead act on behalf of the state to make sure children receive the financial support they need. Local offices can also establish paternity (if necessary), obtain medical support orders, locate deadbeat parents, and find assets from which child support can be paid. The "Getting Help" section below includes information on how to contact your local child support services office.

Enforcing Child Support

Once established, a child support order must be obeyed. If not, custodial parents may ask an attorney or their local Office of Child Support Services (OCSS) (also called the Department of Child Support Services (DCSS) in some states) for help. A delinquent parent may be subject to any, or all, of the following enforcement tools:

• Wage Deductions – the custodial parent, his or her attorney, or OCSS can request an income withholding order or wage assignment. With a wage deduction, child support is taken directly out of the non-custodial (paying) parent's wages.

• Federal Income Tax Intercepts – the state can intercept a large tax refund to cover late or missing child support payments.

• License Suspensions and Revocations – a delinquent parent's driver's license(s) and/or professional license(s) may be revoked.

• Passport Restrictions – a parent that fails to pay child support may be prevented from renewing his or her passport (and therefore prevented from leaving the country).

• Contempt of Court – this is a legal order that may result in a fine or jail time for the parent who failed to make court-ordered support payments. However, the custodial parent (or his or her attorney) must go to court to obtain this order from a judge.

Enforcing Child Support In Your State

Select your state from the list below in order to learn more about the enforcement options available to you.

Federal Prosecution of Deadbeat Parents

The U.S. Office of the Inspector General (OIG) can intervene in child-support cases where the non-custodial (paying) parent lives in a state other than where the child lives, and:

• refuses to pay child support for over 1 year
• where the amount owing is more than $5000, or
• where the non-custodial parent travels to another state or country to avoid paying child support.

The punishment include fines and up to 6 months in prison (or both) for a first offense. For a second offense, or where child support hasn't been paid for more than 2 years, or the amount owing is more than $10,000, the punishment is a fine of up to $250,000 or 2 years in prison, or both.

Some of the most notorious deadbeat parents are also added to OIG's Most Wanted Deadbeats list online. Click here for more on the OIG's child support enforcement division and here for the Status of OIG's Deadbeats.

"Project Save Our Children" (PSOC) is a multiagency task force dedicated to investigating and prosecuting the worst child support cases and deadbeat parents. Its members are from the Administration for Children and Families, the Office of Child Support Enforcement, OIG Special Agents, the U.S. Marshals Service, the U.S. Attorney's Office and the Department of Justice. PSOC will identify, investigate and prosecute the most serious child support offenders who meet the criteria for Federal Prosecution under the Deadbeat Parents Punishment Acts.

Getting Help

You can talk to an experienced family law attorney for help enforcing your child support order.

If you can't afford an attorney, contact your local OCSS to see if they can help collect child support using one of the enforcement methods mentioned above.

The U.S. Department of Health and Human Services' Office of Child Support Enforcement website has lots of useful information about child support and an OCSS search tool that covers offices in all 50 states and D.C..

Talk to a Lawyer

Need a lawyer? Start here.

Enforcing Your Child Support Orders On Your Own

Child Support & Medical Support

This article answers frequently asked questions about enforcing your child support orders yourself.

Composed by TexasLawHelp.org • Last Updated on October 14, 2022

Although the Office of the Attorney General Child Support Division is the agency tasked with enforcing court-ordered child support, sometimes people want to file their own enforcements or hire their own attorney.  

Page Sections

Can I enforce child support on my own, without going through the Office of Attorney General (OAG)?

Yes, you can enforce child support on your own. You are not required to go through the Office of the Attorney General (OAG) to file a child support enforcement case.

What are the advantages of filing an enforcement case on my own?

It is almost always best to enforce a child support order through the OAG. However, because the OAG’s child support division handles an extremely large caseload, there can be long wait times. The longer a case takes, the more difficult it can be to collect back child support. If you bring a private enforcement action, it’s possible that you’ll be able to resolve the case more quickly.

Additionally, the OAG can only assist with child support enforcement. This means that the OAG cannot help you enforce other provisions of a court order (such as visitation, property division, etc. ). So, if the non-paying parent is violating other portions of the court order, it may be beneficial to pursue a private action so that you can address every violation.

Remember that the OAG does not represent either parent in an enforcement action. The OAG represents the interests of the State of Texas, which include securing child support from non-paying parents. This means that the OAG does not offer the same kind of support that a private attorney can offer.

What relief can I get if I file an enforcement petition on my own?

The court can take a variety of actions to enforce a child support order. For example, the court can order that child support payments be withheld from the non-paying parent’s paychecks. The court can also issue an order suspending the non-paying parent’s driver’s license or other professional licenses and certificates.

Additionally, if the court issues an order confirming the money owed by the non-paying parent, you may be able to file levies against their financial assets or liens against any property that they own (except for their home).

Most seriously, the non-paying parent can be held in contempt for failing to obey a court order, which can lead to jailtime. In lieu of contempt, the court can place the non-paying parent on community supervision (also called probation) for up to 10 years. The terms of community supervision will vary depending on the case, but the court can require the non-paying parent to:

• pay back child support and attorney’s fees,
• attend financial counseling classes,
• obtain substance abuse treatment,
• seek employment services, etc.

The non-paying parent can shorten their community supervision by staying current with child support payments and fully complying with any other court requirements.

Starting September 1, 2021, you may also be able to get a qualified domestic relations order, or QDRO, for child support. See Texas Family Code 157.501.

What if the nonpaying parent fails to comply with the terms of their community supervision?

If the nonpaying parent is sentenced to community supervision and fails to comply with its terms, you can file a motion to revoke community supervision (see Texas Family Code 157. 214). If the non-paying parent’s community supervision is revoked, the court may issue a warrant for their arrest.

Can the nonpaying parent go to jail if they lose an enforcement action?

Possibly. A person who fails to follow a court order can be held in contempt, which can lead to jailtime. Likewise, violating the terms of community supervision can lead to jailtime.

Will the nonpaying parent have a court-appointed attorney at the enforcement hearing?

Possibly. Whether the non-paying parent is eligible for a court-appointed attorney depends on whether 

1. whether the judge finds that they are low-income, or indigent, and
2. incarceration is a possible result of the enforcement action.

Do I need to hire an attorney to file a child support enforcement action for me?

No, you do not have to hire an attorney to file a private enforcement action. However, it is always best to at least consult with an attorney if possible.

If I hire an attorney, will the court order the nonpaying parent to pay my attorney’s fees?

Normally, if the court finds that the respondent failed to make child support payments, it must order them to pay the petitioner’s reasonable attorney’s fees and court costs (see chapter 157.167 of the Texas Family Code). However, in certain situations, the court can waive this requirement. If you plan on hiring an attorney, you should always talk to them about fee arrangements and the possibility of recovering legal costs from the opposing party.

What can the OAG do that a private attorney (or pro se litigant) cannot?

The OAG has certain enforcement tools that aren’t available to people representing themselves, or a private attorney. For example, the OAG can:

• Intercept the non-paying parent’s tax refund or state benefits
• Suspend the non-paying parent’s passport
• Seize lottery winnings
• Report the back child support to credit reporting agencies, negatively impacting the non-paying parent’s credit score.

Can I prevent the non-paying parent from seeing the child while the enforcement action is pending?

No, you cannot prevent the non-paying parent from exercising their visitation rights even if they are not paying child support. You must continue to abide by the court order. Failing to do so could weaken your case or provide the non-paying parent with the opportunity to counter your suit with their own enforcement action. Any parent who fails to comply with court-ordered visitation also runs the risk of violating Texas Penal Code chapter 25.03 and could face civil liability for interference with possessory interest in a child.

What if my child support order is from another state?

A child support order from another state can often be enforced in Texas. However, these cases can be complicated so it is best to work with the OAG or to hire an attorney.

Can I collect unpaid medical and dental support in a child enforcement action?

Yes, medical and dental support, including uninsured expenses, are types of child support and are enforceable just like monthly child support payments. The court can issue a money judgment for back medical and dental support. 

For cases filed after September 1, 2021, that can include:

• unpaid medical or dental support;
• a balance owed on medical or dental support owed; and
• interest on medical or dental support arrearages.

See Texas Family Code 157.263.

How should I prepare if I want to pursue my own enforcement action?

Study Chapter 157 of the Texas Family Code. This is the section that governs enforcement actions. Consider meeting with a family law lawyer or attending a free legal clinic. You can see a list of upcoming legal clinics here. Additionally, law libraries offer a variety of resources for pro se litigants. You can see a list of law libraries in Texas here.

Note: TexasLawHelp does not provide forms for pursuing a child support enforcement action.

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What to do with the Alimony Order?

A copy of court order on the recovery of alimony is sent to the defendant, who may, within ten days from the date of its receipt, file an objection against him (Article 128 of the Code of Civil Procedure of the Russian Federation). In this case, the court will set aside writ and invite the applicant to file a claim for the recovery of alimony .

What is a child support order?

A maintenance order is a single-handed decision by the court to award funds in favor of a minor child, which does not require a hearing in the case and is at the same time an executive document. It is necessary to remember about certain nuances of this method of collecting alimony:

How can I cancel a child support order?

Cancellation of a court order for the recovery of alimony is possible only on the basis of an application filed by the debtor within 10 days after the issuance of the court order. The application details the reasons why the order should be set aside.

Where do I take a court order for alimony?

After you receive writ in your hands, you will have 3 options:

• Keep it for yourself and demand payments from the payer of maintenance voluntarily.
• Take order to the bailiff service.
• Transfer court order to the accounting department where the payer works.

When is the court order handed over to the bailiffs?

If the debtor does not object within 10 calendar days from the date of receipt, then order comes into force. The creditor collects his copy in court and takes it to the judicial service bailiffs . Within three working days, documents are transferred to a specific bailiff - executor.

How to restore a maintenance order?

How to make a duplicate If the original court order for alimony was damaged or lost, you need to write an application for its re-issuance to the same court (magistrate) that originally issued it.

Can a child support order be set aside?

In order to cancel the order for the payment of alimony , you need to file an application with the Magistrate's Court, where the decision was made. Usually court order for the recovery of alimony is issued without notifying the parties, and a copy of the decision is sent by mail to the place of residence of the debtor.

What to do after receiving a court order?

Having received a copy of order and fixing the date of such receipt of , we prepare objections and submit them to the court. The debtor is given 10 working days from the date of receiving order to file objections to the court regarding its execution.

To whom to issue a writ?

Having received a writ of execution, including court order , the creditor can choose where to send it. Since order is associated with monetary claims, it can be transferred for execution at the place of work of the debtor, or to the bank where the accounts of the obligated person are opened.

When is the case handed over to the bailiffs?

If a citizen (debtor) does not fulfill the obligations assigned to him voluntarily, the recoverer may send a writ of execution to the appropriate body, as a result of which the recovery will be carried out by judicial bailiffs - executors, by force.

How can I find out the effective date of the court order?

The court order enters into force on the eleventh day from the date of receipt of its copy by the debtor, if the debtor has not filed objections regarding its execution

In what case is a separate writ of execution issued for a court order in civil proceedings?

In case the collection of state duty from the debtor to the income of the relevant budget on the basis of of the court order, a writ of execution is issued, which is certified by the official seal of the court and sent by the court for execution in this part to the bailiff .

Can the child support case be reopened?

A citizen who is the recipient of alimony on the basis of a writ of execution, who has previously suspended enforcement proceedings, has the right to restore the payment of alimony by contacting the Federal Bailiff Service (FSSP) with the necessary documents.

How do I get a duplicate court order?

In order to obtain a duplicate of the document , you need to apply to the court that made the decision that issued the court order . An application to the court for the issuance of a duplicate is considered to be the filing of an application by the recoverer or bailiff with written evidence of the loss of the document.