The following is a list of some of the remedies that might be taken.
Wage Garnishment
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period.
Attaching Tax Refunds
If the nonpaying parent is at least three months behind in child support payments, the Federal Tax Offset Program allows you to "attach" (take) the nonpaying parent's federal income tax refund.
You can find out more information by contacting your local or state child support enforcement agencies.
Contempt Motions
Another option might be to file a contempt motion against the parent who hasn't paid support, asking the court where the child support order originated to hold him or her in contempt for violating the child support order.
Hiring your own attorney is the fastest and most efficient way of processing a contempt motion.
In some states, local child support agencies will provide you with an attorney if you can't afford one on your own.
Your attorney will need the following information to file the contempt motion:
- A copy of the child support order
- The nonpaying parent's name, current address and social security number
- The nonpaying parent's driver's license number, if available
- The current employer of the nonpaying parent, if available
- A list of any real estate the nonpaying parent may own
- Identification of any professional licenses the nonpaying parent may hold
- A description of any previous efforts you've made to collect the past-due support
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