What happens if my ex-spouse doesn’t pay child support?
Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide
If your ex-spouse doesn’t pay child support, there are multiple steps and legal measures available to enforce the payments. Here’s a breakdown of what happens and what you can do:
Documentation & Tracking
Keep a record of all missed payments—dates, amounts, and any communication about non-payment.
This documentation is crucial if you need to take legal action.
Contact Your Local Child Support Enforcement Agency
Each state has a Child Support Enforcement Agency that can step in to collect payments.
They can help track payments, garnish wages, and enforce orders.
Wage Garnishment
One of the first steps is to garnish their wages—money is directly taken from their paycheck before it reaches them.
This is often the most effective way to collect back payments.
Interception of Tax Refunds
The government can intercept federal and state tax refunds to cover unpaid child support.
Suspension of Licenses
If payments are consistently missed, their driver's license, professional licenses, or even hunting and fishing licenses can be suspended.
Seizure of Assets
In extreme cases, bank accounts can be levied (frozen and seized) to recover unpaid amounts.
Liens can also be placed on property like cars or real estate.
Contempt of Court
If they are intentionally avoiding payments, you can file a Motion for Contempt in court.
This can result in fines, jail time, or other penalties until the support is paid.
Passport Denial
If the overdue amount is substantial (usually $2,500 or more), they can be denied a passport for international travel.
Interest on Arrears
Some states apply interest to unpaid child support, increasing the amount owed.
Example Scenario:
If your ex is six months behind on payments, you can contact Child Support Enforcement, and they might:
Garnish wages
Intercept tax refunds
Suspend their driver’s license
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