How to Enforce Child Support Orders: What to Do if Payments Aren’t Being Made
Child support orders are legally binding decisions meant to protect the financial interests of children after a separation or divorce. When a parent falls behind on payments or refuses to comply, it can place a significant burden on the custodial parent and affect the child’s well-being. Enforcing child support orders is often necessary to make sure the child’s needs are met.
At the Law Office of Amber M. Rodriguez in Harlingen, Texas, individuals struggling to collect unpaid child support can work with a child support attorney to pursue legal options and help secure the support owed to them. Contact the firm today for experienced legal support.
Why Child Support Payments Matter
Child support isn't just a financial obligation—it’s a legal and moral responsibility. These payments are intended to provide for the child's everyday expenses and contribute to their overall stability. When the noncustodial parent stops paying, the other parent is often left to shoulder all expenses alone.
Delays or non-payment may result in:
Increased financial pressure: The custodial parent may need to take on additional jobs or debt.
Interrupted routines: Inconsistent support can affect a child’s schooling, medical appointments, and basic needs.
Legal strain: Missed payments can lead to time-consuming court proceedings that further burden the custodial parent.
This is why enforcing child support orders through the proper legal channels is essential. Without timely enforcement, the child’s quality of life—and the custodial parent’s stability—can be put at risk for months or even years.
How Enforcement Begins
Enforcement typically starts when a parent contacts a child support attorney or a local child support office to report missed payments. The enforcement process can vary depending on the length and amount of missed payments, as well as whether the paying parent has made any partial efforts.
The first step often includes:
Reviewing the original court order: This confirms the amount owed and the schedule.
Gathering payment history: Documentation of missed payments helps the court assess the severity.
Confirming the parent’s location: Enforcement can’t begin if the paying parent’s location is unknown.
Once the basic information is collected, legal actions can be pursued to recover the unpaid support. Acting quickly can help prevent further missed payments and reduce the long-term financial impact on the child and custodial parent.
Legal Enforcement Options
When voluntary compliance fails, the court or state enforcement agency may take legal action to compel payment. These enforcement tools are intended to apply pressure and encourage the noncustodial parent to meet their obligations, often without immediately resorting to jail time.
One common option is wage garnishment, where a portion of the delinquent parent’s income is withheld directly from their paycheck and applied to the outstanding balance. In addition to garnishing wages, the court can intercept state or federal tax refunds and apply those funds toward the unpaid support.
If the parent holds funds in a bank account, a court-approved levy may allow the agency to withdraw money directly to cover the arrears. In some cases, nonpayment can result in a suspended driver’s license, which often motivates action—especially when driving is essential for employment.
The court can also suspend professional licenses, such as those held by nurses, contractors, or real estate agents, if support remains unpaid. For parents who owe more than $2,500, passport applications can be denied or revoked under federal law. The specific enforcement tools used typically depend on how much is owed and how long the parent has avoided payment.
Filing a Motion for Enforcement
If administrative efforts don’t work or aren’t sufficient, a parent can file a formal motion for enforcement in family court. A child support attorney, such as Attorney Amber M. Rodriguez, will help with preparing and filing this motion and representing the parent at a hearing.
A motion for enforcement can lead to:
Court-ordered repayment plans: The delinquent parent may be ordered to catch up in installments.
Contempt of court charges: If the parent has the ability to pay but refuses, they can be found in contempt and face penalties like fines or jail time.
Attorney’s fees and costs: The court may order the non-paying parent to pay for the other party’s legal expenses.
Court action often results in stronger consequences and quicker results, particularly when voluntary cooperation has failed. It also creates a formal record of the non-payment, which can be valuable if future enforcement efforts are needed.
What Happens When the Paying Parent Moves
Enforcement doesn’t stop at state lines. Federal laws, including the Uniform Interstate Family Support Act (UIFSA), allow child support orders to be enforced even when the noncustodial parent relocates. A move to another state doesn’t cancel or reduce the legal obligation—child support remains due in full, regardless of location.
When a parent relocates, the custodial parent can still pursue enforcement through their local child support agency or with help from a child support attorney. That lawyer may coordinate efforts with the new state to confirm compliance and request enforcement actions.
Wage garnishment, license suspensions, and other penalties can still be applied in the state where the non-paying parent currently resides. Although relocation can cause some delays, it doesn't prevent enforcement. Courts and agencies across states work together to make sure that support continues to be paid, even when parents move.
Addressing Self-Employed or Under-The-Table Income
Enforcing support orders becomes more difficult when the noncustodial parent is self-employed or works for cash. Without consistent paychecks or tax records, tracking income and proving the ability to pay is more challenging.
In these cases, the custodial parent may need to:
Provide evidence of lifestyle or income: Showing that the parent is still earning and spending money despite not paying child support can influence the court.
Subpoena bank or business records: A child support attorney can help request financial documents through the court.
File a motion for discovery: This legal tool compels the non-paying parent to disclose financial information under oath.
Courts take child support obligations seriously, and even those attempting to hide income can be held accountable when presented with the right evidence.
Jail Time and Criminal Enforcement
While the goal is to secure payment, there are circumstances where a judge may sentence the non-paying parent to jail for contempt. This typically happens only after repeated failures to comply and when the court finds that the parent is willfully avoiding payment despite having the means.
Criminal charges can include:
Civil contempt: The parent is jailed until they pay a specified amount.
Criminal nonsupport: This can lead to probation or prison, depending on the state and the size of the debt.
Felony charges: In extreme cases, willful and prolonged non-payment may be prosecuted as a felony under federal law.
Incarceration is usually a last resort because it can make collecting payments even harder. However, courts use it when other measures don’t work.
Collecting Past-Due Child Support (Arrears)
When child support remains unpaid over an extended period, the total owed can grow into what’s referred to as arrears. These past-due amounts aren’t automatically forgiven and generally remain enforceable unless a court modifies the support order or the recipient parent agrees to waive some or all of the debt, which is uncommon.
To collect arrears, the court may require a lump sum payment, demanding a significant portion of the overdue amount be paid all at once. In other situations, ongoing wage garnishment may be used, with the arrears added to future deductions until the debt is fully satisfied.
The court might also place a lien on the non-paying parent’s property, such as a vehicle or home, which must be resolved before the asset can be sold or refinanced. In some cases, government benefits, including Social Security or lottery winnings, may be intercepted and applied to the unpaid support. Importantly, these arrears don’t disappear once the child becomes an adult.
Collection efforts can continue until the full balance is paid.
Modifying the Support Order When Circumstances Change
While enforcement is the focus, some noncustodial parents fall behind due to job loss, illness, or other significant life changes. In these situations, it’s important for that parent to petition the court to modify the order rather than stopping payments altogether.
Modification may be considered when:
There is a loss of income: Layoffs, disability, or pay cuts can affect the ability to pay.
There are increased financial obligations: New family responsibilities or unexpected medical costs may justify a change.
The custodial parent’s income increases: If the receiving parent begins earning significantly more, the court may revisit the amount.
Only the court can change the order. Informal agreements between parents aren't enforceable, so official action must be taken to protect everyone involved.
The Importance of Legal Guidance
Trying to recover child support without legal help can be time-consuming and frustrating. A child support attorney provides more than just paperwork—they offer strategy, court representation, and an awareness of how local and state rules apply.
Working with a lawyer may be especially helpful when:
Payments have stopped entirely
The other parent is uncooperative
There are complications involving interstate enforcement
Significant arrears have accumulated
A contempt hearing is scheduled
Whether the goal is to collect past-due support or secure regular payments going forward, a qualified legal professional can make the process more manageable.
Contact a Child Support Attorney Today
Child support orders exist to help children thrive. When those orders are ignored, it’s critical to take the right legal steps to recover what’s owed. Whether through wage garnishment, court action, or other enforcement tools, support can be recovered with the right approach.
The Law Office of Amber M. Rodriguez serves Harlingen, Texas, and across the Rio Grande Valley. Call today to speak with a child support attorney who can help you move forward.
