Last Updated on November 26, 2025 by Sheen Ancog
When parents separate or divorce, child support becomes one of the most important financial responsibilities they must navigate. These payments ensure that children continue to receive the food, clothing, shelter, healthcare, education, and emotional stability they need—regardless of the status of their parents’ relationship. But what happens when one parent fails to pay child support? Many custodial parents face the emotional and financial strain of nonpayment, and understanding the enforcement process can make all the difference.
This guide breaks down what child support enforcement looks like, what consequences the non-paying parent may face, and what steps the receiving parent can take to secure overdue support.
Why Child Support Matters
Child support isn’t a punishment—it’s a legal and ethical responsibility. Courts calculate child support based on state guidelines and both parents’ financial circumstances. The goal is to maintain as much financial stability for the child as possible.
When payments are missed or stop entirely, the custodial parent often bears the full financial burden. This can impact:
- Daily necessities: food, clothing, transportation
- Housing stability: rent/mortgage, utilities
- Healthcare needs: insurance, medical expenses
- Educational costs: school supplies, extracurriculars
- Long-term well-being: savings, development opportunities
Because the stakes are so high, states take child support enforcement seriously and offer various tools to ensure compliance.
What Is Considered Nonpayment?
A parent is considered delinquent or “in arrears” when:
- They miss a scheduled child support payment
- They pay less than what is ordered
- They fail to pay additional ordered expenses, such as medical or educational costs
Late or partial payments still count as nonpayment. The longer these payments go unpaid, the more serious the legal consequences become.
How Child Support Enforcement Works
Every state has a Child Support Enforcement (CSE) agency responsible for tracking payments, maintaining records, and helping custodial parents enforce court orders. When a parent stops paying, the CSE or court can initiate enforcement actions.
Here are the most commonly used enforcement tools:
1. Income Withholding (Wage Garnishment)
This is the most effective and widely used enforcement method. Once child support is ordered—even before any missed payments occur—states often require automatic wage withholding.
If a parent falls behind:
- The employer may deduct additional amounts to cover arrears
- Garnishment continues until the full amount is paid
- This applies to salaries, bonuses, commissions, and sometimes unemployment benefits
For many parents, wage withholding ensures consistent, timely payments with less conflict.
2. Interception of Federal and State Tax Refunds
If a parent is behind on payments, the government can seize:
- Federal tax refunds
- State tax refunds
- Certain government payments, including lottery winnings
This intercepted money goes directly toward unpaid child support. In cases involving public assistance, some funds may reimburse the state.
3. Driver’s License Suspension
States can suspend or revoke:
- Driver’s licenses
- Occupational licenses
- Professional licenses
- Recreational licenses (hunting, fishing, etc.)
Losing a driver’s or professional license can impact employment and mobility, creating strong incentive to pay overdue support. Once the parent pays the required amount or agrees to a repayment plan, the license can typically be reinstated.
4. Passport Denial
Parents who owe more than $2,500 in child support arrears may be denied a U.S. passport or passport renewal. This enforcement tool is particularly impactful for parents who travel for work or leisure.
5. Liens on Property
The court or CSE agency may place a lien on:
- Real estate
- Vehicles
- Bank accounts
- Investment accounts
A lien means the parent cannot sell or refinance the property until they pay their arrears. In some cases, the state may even seize and sell assets to satisfy the debt.
6. Credit Reporting
If payments are late or unpaid, the arrears may be reported to credit bureaus. This can significantly lower the nonpaying parent’s credit score, affecting their ability to:
- Buy a home
- Get a loan
- Finance a vehicle
- Obtain credit cards
Credit reporting often motivates parents who need credit access for major financial purchases.
7. Contempt of Court
If a parent repeatedly ignores a child support order, the court can hold them in civil or criminal contempt.
Civil contempt may result in:
- Fines
- Mandatory repayment plans
- Court monitoring
- Possible jail time (though courts often use jail as a last resort)
Criminal contempt involves more serious penalties and may be used when the parent willfully refuses to pay despite having the ability to do so.
In both cases, the goal is compliance—not punishment. Courts typically prefer alternatives that encourage future payment.
8. Criminal Prosecution
In extreme cases, the federal government can prosecute parents under the Deadbeat Parents Punishment Act (DPPA), especially if:
- The parent owes more than $10,000
- The parent has not paid for 2 years or more
- The parent lives in a different state than the child
Penalties can include hefty fines and prison time. While rare, these prosecutions underscore the seriousness of child support obligations.
9. Bank Account Seizures (Levy)
Some state agencies can directly seize funds held in the nonpaying parent’s:
- Checking accounts
- Savings accounts
- Investment accounts
This requires due process, including notice to the parent, but it is an effective way to collect large arrears.
10. Court-Ordered Payment Plans
If the parent falls behind due to hardship—such as job loss or medical issues—the court may allow a structured repayment plan. This can include:
- Reasonable monthly payments toward arrears
- Continued ongoing support
- Mandatory financial disclosures
Payment plans balance the need for support with a realistic path toward compliance.
Why Some Parents Stop Paying Child Support
Nonpayment isn’t always due to unwillingness. Common reasons include:
1. Loss of employment
A parent may be unable—not unwilling—to pay. However, they must still seek a modification rather than simply stopping payments.
2. Unexpected medical issues
Major health problems can disrupt income and ability to work.
3. Disputes over custody or parenting time
Some parents mistakenly believe they can withhold support if the custodial parent blocks visitation or violates the parenting plan. This is not legally allowed.
4. Belief the order is unfair
Parents may think the support amount is too high, but again, they cannot stop paying—they must request a modification.
5. Willful noncompliance
In some cases, a parent simply refuses to pay despite having the ability. Enforcement is most aggressive in these situations.
What a Custodial Parent Should Do If Child Support Isn’t Paid
If you’re not receiving the child support you’re owed, you’re not alone—and you have options. Here’s what you can do:
1. Contact Your State Child Support Enforcement Office
Your local CSE agency can:
- Track missing payments
- Send notice to the nonpaying parent
- Begin enforcement actions
- Manage wage garnishment
- Help locate the other parent if necessary
This service is typically low-cost or free.
2. Request Court Enforcement
If the situation persists, you can file a Motion to Enforce or Motion for Contempt. The court can:
- Order wage garnishment
- Order payment of arrears
- Impose penalties
- Create a repayment schedule
Having an attorney can streamline this process.
3. Document Everything
Keep a record of:
- Missed payments
- Partial payments
- Communication with the other parent
- Any hardships caused by nonpayment
Documentation strengthens your case if enforcement becomes necessary.
4. Never Withhold Parenting Time in Response
Child support and parenting time are separate legal issues. Withholding visitation can backfire and hurt your case.
Can a Parent Modify Child Support Instead of Falling Behind?
Yes. If financial circumstances change, the parent can request a modification. Courts typically allow changes when:
- Income significantly increases or decreases
- A parent loses a job
- A child develops additional needs
- Parenting time arrangements change
But modification is not retroactive. Until the court formally changes the order, the existing amount still applies.
Waiting too long can lead to large, unavoidable arrears.
How Long Can Child Support Be Collected?
Child support arrears do not disappear after a child turns 18. In many states:
- Arrears can be collected indefinitely
- Interest accrues on unpaid amounts
- Enforcement tools remain available until the total balance is paid
Some states impose 10- to 20-year collection periods, but these are often renewable.
When to Contact a Family Law Attorney
Child support enforcement can be overwhelming and stressful. An experienced family law attorney can help:
- File motions
- Negotiate payment plans
- Seek wage garnishment
- Request modification
- Represent you in court
- Protect your rights and your child’s well-being
Whether you’re a custodial parent seeking overdue support or a noncustodial parent struggling to keep up, legal guidance can help you avoid major financial and legal risks.
Conclusion
Child support is essential to ensuring a child’s stability and well-being. When a parent doesn’t pay, state agencies and courts provide many enforcement tools—from wage garnishment and tax refund interception to license suspension and even criminal penalties. While nonpayment can stem from hardship or personal conflict, ignoring a child support order only leads to more serious consequences.
If you’re facing nonpayment as a custodial parent, or struggling to meet your support obligations as a paying parent, taking action early is key. Understanding your rights—and your responsibilities—can help protect your child’s future.