How to file for back pay child support

Collecting and Enforcing Back Child Support

If a non-custodial parent fails to pay court-ordered child support, the custodial parent can rest assured that federal and state laws mandate tough enforcement procedures.

Those who are delinquent and owe back child support are sometimes called "deadbeat parents" or "deadbeat dads." Some states and counties shame deadbeat parents by posting their pictures, names, and delinquent amounts online. Often the term deadbeat parent is used in the title of state laws about delinquent child support.

"Deadbeat parent" isn't a legal term. Those who are delinquent with their child support payments are said to be "in arrears." And child support that is owed is called "arrearages."

This article provides an overview of state and federal laws aimed at collecting and enforcing back child support payments.

Federal Child Support Laws

The Child Support Enforcement Act of 1984 gives districts attorneys and state attorneys general the authority to collect back child support on behalf of custodial parents. They also have the authority to penalize non-paying parents.

The goal of enforcement is to encourage non-paying parents to pay their court-ordered child support. If a nudge — like denying a passport — doesn't do it, then stronger penalties will be applied. State attorneys can take any of the following enforcement measures against a delinquent parent:

Wage garnishment (the court orders an employer to withhold payment and sends it to the government to disperse)
Placing a lien against a home or property. If the home or property is sold, the lien must be paid first before anything goes to the seller.
Reporting the debtor to credit bureaus, which damages their credit rating
Freezing bank accounts so the delinquent parent can't access other money
Suspension of a professional license or a driver's license (in some states)
A judge can issue a contempt order and the parent could face jail time

Since a jailed parent is unlikely to be able to make child support payments, jail is the last resort.

Interstate Child Support Collection

The federal Uniform Interstate Family Support Act (UIFSA) allows enforcement of child support orders issued by courts in states where the parents and child previously resided.

The Act says that the court where the original child support order was issued has continuing jurisdiction, no matter where the child lives now. The new court must defer to the old child support order. If a modification of child support is going to be made, it must comply with the laws of the original state.

A custodial parent may have an order mailed to an out-of-state court for assistance in enforcing the order. And a parent can have an order mailed to an employer in another state if wages are going to be garnished.

See the DHHS's Handbook on Child Support Enforcement for more information about collecting unpaid child support across state lines.

Enforcing Back Child Support: Procedures

The process of enforcing back child support orders is handled at the state level, but the procedures are generally quite similar among all states. See State and Tribal Child Support Agency Contacts (DHHS) for information about your state or jurisdiction.

For example, according to New York's Division of Child Support Enforcement, before any administrative enforcement procedure is begun, a delinquent non-custodial parent is sent a notice explaining the child support enforcement process, including a time frame for payment and detailed instructions for how to comply.

Depending on the amount of child support owed, or the length of time past due, the state may garnish wages, intercept unemployment insurance, suspend a driver's license, or deny a passport. (This is not a complete list).

If these administrative penalties fail, probation or jail time could result.

If the Non-Custodial Parent Cannot Pay

While a non-paying parent does face the possibility of jail time, no one is jailed for lack of means to pay. A non-custodial parent who is unable to make full payments must file a motion with the court requesting a modification of child support. Support going forward can be changed to reflect the parent's current financial situation.

If you fail to request a modification of child support and just don't pay, the other parent can take you to court and the judge will issue a default judgment of delinquency.

Unfortunately for a debt-burdened parent, back child support is on the short list of debts that cannot be discharged in bankruptcy.

Related Resource

Getting Child Support

Need Help Enforcing Back Child Support? Contact a Lawyer Today

Let a family law attorney familiar with enforcement and collection of child support help you. Reach out to an attorney near you today to learn more.

How A Child Support Case Works

Either parent can open a child support case, as can a child’s legal guardian. Having an order from a judge for child support to be paid does not automatically open a child support case.

To open a case in California, fill out the online application or visit your local child support agency – agency locations can be found here.

After an application is submitted, the applicant will be contacted by their local office to assist with the process of obtaining a child support order with the court.

There are many benefits to opening a child support case:

If you do not yet have an order, we provide assistance to both parents through all steps of the process.
In certain situations, we can help you avoid court completely.
Once you have an order, we keep official records, protecting both the payer and the recipient.
We can assist recipients with enforcement of the order.
We can help payers avoid or resolve negative enforcement actions if you are unable to pay.

See our instructional video below, “How To Open A Child Support Case” for more details on this process.

More Important Information

For information about changes in family status please see: FamiliesChange. ca.gov

Before a child support order can be made, both parents of the child need to be located. There is no guarantee they will be found, but the more information we have, such as the parent’s date of birth and Social Security Number, the easier it will be.

Watch our “Locating a Parent” Quick Tip video below for more detailed information about this step.

After the case is opened, the parent being asked to pay child support will be given a Summons and Complaint packet. This is legal notification that you have been named in a child support case.

You only have 30 days to respond, or a “default” child support order may be ordered by the judge without your financial situation being considered.

See our instructional video below, “I Received a Summons and Complaint – What Do I Do?” for more information about this very important package of documents.

If you have been served with a Summons and Complaint, and you do not believe you are legally responsible for the child or children you are being asked to pay child support for, you have the right to request proof and we will assist you free of charge. This is either DNA testing to determine parentage (which is more than 99% accurate), or proof that the parents were legally married at the time of the child’s birth.

If you do not request proof, you can still be assigned legal parentage without your consent.

If you would like to avoid going to court, some local agencies offer “Family Meetings” that allow both individuals to meet with a child support caseworker, either together or separately. If both parents can agree on an amount, their signed document becomes the “Stipulated Agreement,” which is filed with the court.

This option may not be offered in all child support offices.

For more on the benefits of this, see our “Family Meetings” instructional video below.

If there is no Stipulated Agreement, a court date will be set. The judge will review the financial and other relevant information from both parties and decide on an appropriate amount of child support to be ordered.

If either parent can get medical insurance, the court will consider that cost in deciding the amount of child support ordered.

Below, our instructional video “How Does the Court Determine a Child Support Amount” includes more information on this decision, which becomes the official child support order.

After a child support order is set, payments are scheduled to begin. There are many options for payment but if the parent ordered to pay is employed, their employer will be required to make those payments by withholding the funds from their paycheck. This is mandated under Federal law for child support orders and does not imply a failure to pay.

All payments are recorded and this can provide security for the parent paying support in case there is any disagreement.

A child support order is a legal court order. Parents who refuse to pay or delay paying their child support face enforcement actions that can include:

Suspension of their driver’s license or passport
Revocation of professional and occupational licenses
Bank and property liens
Interception of tax refunds
Interception of lottery winnings

Also, by California state law, unpaid court orders get charged 10% interest.

As a last resort, civil contempt charges may also be filed. If you have trouble paying your child support, talk to your local agency right away. There are programs available to help parents who are trying in good faith to pay their support.

For more on the consequences of unpaid child support, see our instructional video, “My Driver’s License has been suspended due to child support. How can I get a release?”

If either parent or guardian has a change in circumstances after a child support order is set, which could be losing a job, changing jobs, or a change in custody or visitation, the order may qualify for modification.

Your local agency or the Family Law Facilitator at your county courthouse can assist with this.

There are many reasons why a child support case can be closed. The usual one is that the youngest child reaches the age of 18, is no longer a full-time high school student, and no past-due balances are owed. At that time both parents are notified by the child support agency, and the case stays open for 60 days after this notification.

All records are maintained for at least four years and four months in accordance with federal law.

For more information about the Child Support Process, visit and follow our YouTube channel:

For more information on changing family status please see: FamiliesChange.ca.gov

MO Babinsky municipality

07.10.2021 Notice of approval of the location of the boundaries of the land plot dated 07.10.2021

Cadastral engineer Ilminskikh Maxim Sergeevich (427000, UR, Zavyalovsky district, 7, ur. Zavyalovo CCO BTI tel.: 8(34165) 2-11-82, e-mail: [email protected], qualification certificate No. 18-14-347) cadastral work is being carried out in connection with the clarification of the location of the boundaries and area of land plots:
Land plot in respect of which cadastral work is being carried out Customer of cadastral work Adjacent land plots, with the right holders of which it is required to coordinate the location of the boundaries
UR, Zavyalovsky district, SNT "Palniki",
account. 117 Array 1 (K No. 18: 08: 048002: 266) Solovieva Elena Nikolaevna (UR, Izhevsk, Vostochnaya St., 95a, apt. 21 tel: 89501574776) UR, Zavyalovsky district, SNT "Palniki",
uch. 119 Array 1 (К№18:08:048002:970)
A meeting of interested persons regarding the coordination of the location of the borders will be held at the address: UR, Zavyalovsky district, s. Zavyalovo, st. st. Kalinina, 77 tel.: 8(34165) 2-11-82, "09» November 2021 at 10:00 am. The draft boundary plan for the land plot can be found at: UR, Zavyalovsky district, s. Zavyalovo, st. Kalinina, 77. Reasonable objections regarding the location of the boundaries contained in the draft boundary plan, and the requirement to coordinate the location of the boundaries on land plots on the ground are accepted within 30 days from the date of publication at the address: UR, Zavyalovsky district, p. Zavyalovo, st. Kalinina, 77.
When agreeing on the location of the borders, you must have an identity document, as well as documents on the rights to a land plot (part 12 of article 39, Part 2 of Article 40 of the Federal Law of July 24, 2007 N 221-FZ "On Cadastral Activities").

07/31/2021 “On the social project “Protection of the electoral rights of citizens”
The Udmurt regional branch of the All-Russian public organization “Association of Lawyers of Russia” plans to implement the social project “Protection of the electoral rights of citizens”, the second stage of which will be information seminars on electoral rights .

The social project "Protection of the electoral rights of citizens" will be implemented on the territory of the Udmurt Republic, including the Zavyalovsky district, in 2021-2022, the second stage of the project, presented by information seminars on electoral rights, from March to June 2022.

The social effect of the project implementation will be achieved through the formation of independent experts in the civil society of the Udmurt Republic who are able to independently and competently assess the elections taking place in the republic, who strive to actively participate in the work of public election observation institutions and are ready to broadcast objective information about the elections to the whole society .

Social The effect of the project implementation will be achieved by forming in the civil society of the Udmurt Republic launches of independent experts who are able to independently and competently assess the elections taking place in the republic, who strive to be actively involved in the work of public election observation institutions and who are ready to broadcast objective information about the elections to the whole society.

07/30/2021 “On the social project “Protection of the electoral rights of citizens”
The Udmurt regional branch of the All-Russian public organization “Association of Lawyers of Russia” plans to implement the social project “Protection of the electoral rights of citizens”, the second stage of which will be information seminars on electoral rights .

27.07.2021 NOTIFICATION of the auction
Authorized body: Administration of the municipal formation "Zavyalovsky district" (Udmurt Republic, Zavyalovsky district, Zavyalovo village, Kalinina street, 68). Auction organizer: Administration of the municipal formation "Zavyalovsky district" represented by the Department of property and land resources of the Administration of the municipal formation "Zavyalovsky district" (Udmurt Republic, Zavyalovsky district, Zavyalovo village, Kalinina street, 64). On the basis of the Decree of the Administration of the Municipal Formation “Zavyalovsky District” dated July 26, 2021 No. 1080 “On Approval of the Conditions of the Auction for the Right to Conclude a Lease Agreement for a Land Plot Located within the Boundaries of the Municipal Formation “Babinskoye” and the Creation of a Commission for Organizing and Conducting the Auction”.
The subject of the auction is the right to conclude a lease agreement for a land plot located within the boundaries of the Babinskoye municipality, state-owned undelimited property.
Auction form and form for submitting bids - the auction is open in terms of participants and open in terms of the form for submitting bids.

07/14/2021 Announcement

The administration of the municipal formation "Zavyalovsky district" informs about the planned check of the system of warning and informing the population 19July in the period from 02:00 to 03:00 (Moscow time) by the branch of the RTRS "Udmurt RRTPC".

The branch plans to carry out a text transmission of a test alert signal on all TV channels and the radio channel of Radio Russia, which is part of the 1st multiplex, via the digital terrestrial television broadcasting network, but without its transmission to the network of cable television operators of the Udmurt Republic connected to the network RTRS.

Babinsky Municipality

07.10.2021 Notice of approval of the location of the boundaries of the land plot dated 07.10.2021

Cadastral engineer Ilminskikh Maxim Sergeevich (427000, UR, Zavyalovsky district, Zavyalovo village, Kalinina st., 77, BU UR "TsKO BTI" tel.: 8 (34165) 2-11-82, e-mail: [ email protected], qualification certificate No. 18-14-347) cadastral work is being carried out in connection with clarification of the location of the boundaries and area of land plots:
Land plot in respect of which cadastral work is being carried out Customer of cadastral work Adjacent land plots, with the right holders of which it is required to coordinate the location of the boundaries
UR, Zavyalovsky district, SNT "Palniki",
account. 117 Array 1 (K No. 18: 08: 048002: 266) Solovieva Elena Nikolaevna (UR, Izhevsk, Vostochnaya St., 95a, apt. 21 tel: 89501574776) UR, Zavyalovsky district, SNT "Palniki",
uch. 119 Array 1 (К№18:08:048002:970)
A meeting of interested persons regarding the coordination of the location of the borders will be held at the address: UR, Zavyalovsky district, s. Zavyalovo, st. st. Kalinina, 77 tel.: 8(34165) 2-11-82, November 09, 2021 at 10:00 a.m. The draft boundary plan for the land plot can be found at: UR, Zavyalovsky district, s. Zavyalovo, st. Kalinina, 77. Reasonable objections regarding the location of the boundaries contained in the draft boundary plan, and the requirement to coordinate the location of the boundaries on land plots on the ground are accepted within 30 days from the date of publication at the address: UR, Zavyalovsky district, p. Zavyalovo, st. Kalinina, 77.
When agreeing on the location of the borders, you must have an identity document, as well as documents on the rights to the land plot (Part 12 of Article 39, Part 2 of Article 40 of the Federal Law of July 24, 2007 N 221-FZ "On Cadastral Activities" ).

07/27/2021 NOTICE of the auction
Authorized body: Administration of the municipal formation "Zavyalovsky district" (Udmurt Republic, Zavyalovsky district, Zavyalovo village, Kalinina street, 68). Auction organizer: Administration of the municipal formation "Zavyalovsky district" represented by the Department of property and land resources of the Administration of the municipal formation "Zavyalovsky district" (Udmurt Republic, Zavyalovsky district, Zavyalovo village, Kalinina street, 64). On the basis of the Decree of the Administration of the Municipal Formation “Zavyalovsky District” dated July 26, 2021 No. 1080 “On Approval of the Conditions of the Auction for the Right to Conclude a Lease Agreement for a Land Plot Located within the Boundaries of the Municipal Formation “Babinskoye” and the Creation of a Commission for Organizing and Conducting the Auction”.
The subject of the auction is the right to conclude a lease agreement for a land plot located within the boundaries of the Babinskoye municipality, state-owned undelimited property.