If the parent has stopped paying child support, you should first try to determine why. Not every stoppage in child support payments is a willful attempt to deprive a child of funds. Instead, the other parent may have lost a job, been demoted, or suffered an unexpected medical emergency.


You may not be on good terms with the other parent. There may also have been a history of violence. If so, you should proceed to your local child support agency or speak to an attorney.
If you are on good terms, then call the other parent and inquire why payments have been missed. Listen closely and decide if the reason is credible. Ask when the parent thinks he or she will be able to resume payments.;
, If the other parent misses payments, you should always know how much. The amount due is called child support “arrearages.”If you need to bring a motion for contempt in court, it will be beneficial to know how much child support is owed.
 You and the other parent can agree to seek a joint modification of the child support order. Modification is the only way to legally excuse a parent from his or her child support payments.You will need to file a joint stipulation or motion to modify child support payments. Ask for the pre-printed form from the court clerk. The form goes by different names in different states. It may be called a “Joint Petition/Motion to Change”or a “Joint Petition for Modification of Child Support Judgment.”
Fill out the form and identify the original child support order, explaining why you think it should be modified. Be aware that only future payments may be reduced.Arrearages must still be paid.
After filling out and filing the form, both parents will need to attend a hearing and explain why child support payments should be temporarily halted (“stayed”) or reduced altogether.
Ultimately, it is up to the judge whether to agree to the modification.
 Under the Child Support Enforcement Act of 1984, your local district attorney or state’s attorney must help you collect child support payments.Many states have also set up local child support agencies to help with enforcement. You can find links to your state’s agency by visiting this website.


If you do not have a child support order already in place, then you need to seek one. See wikiHow’s Apply for Child Support.
 You can prepare for your meeting with the child support agency by reviewing all of your paperwork and making copies to bring with you. Bring copies of the following:


your child support order
the address of the non-custodial parent
photo ID
copies of your personal birth certificate and each child’s birth certificate
copies of Social Security cards

, Although the local child support agency will help you get your support payments, they can at the same time help you apply for special services, such as Temporary Assistance for Needy Families and food stamps.


Be sure to ask about Medicaid and Children’s Health Insurance Program (CHIP) to see if you qualify for them.
You may also qualify for Section 8 housing. Ask your caseworker.
 You can seek many different remedies in court. For example, if wage garnishment was “stayed,” then you can get it reinstated.Other remedies include:

Court-obtained liens or attachments to property. If the non-custodial parent has property in the state, then the judge can place a lien on the property. You may then be able to foreclose on the property and sell it.
Interception of tax refunds or percentage of government benefits. If the non-custodial parent is owed a tax refund or government benefits, then a percentage can be withheld.
Revoke a driver’s license or suspend a passport.
Suspend occupational or business licenses. This option can create more problems than it solves. If the other parent cannot practice his or her profession, it will be more difficult to earn money to pay child support.
Reporting owed child support to credit reporting agencies. This option could cause problems, because many employers run credit checks before making a hiring decision.
Jail time. This is usually the last resort. A jailed parent cannot work at all.
 An enforcement action will be brought in the same court that issued the original child support order. Look at your copy of the order to find the court.


The court that issued the original child support order retains continuing jurisdiction to enforce or modify it. However, if both parents and the child have moved out of the state, then the court loses jurisdiction.Instead, you will need to work with Child Support Services in the state that issued the order., The local child support agency should handle all paperwork and should notify the other parent that he or she is in arrears. However, if for some reason you need to initiate the legal action yourself, you can do so by finding the right motion form. Typically, you will file a motion for “contempt.” This means that the other parent has not followed the court’s order and you are requesting sanctions.


If the non-custodial parent’s wages were never garnished—or if the garnishment was stayed—then you will need a form to reinstate garnishment.
Most states have pre-printed “fill in the blank” motion forms in family law cases. They go by different names in different states. In California, you will need a “Request for Order” form and possibly forms to help calculate child support arrearages.You can check your court’s website, or ask the court clerk if the court has a form.
Some states, like New Mexico, have a “6 month review hearing” procedure. If less than 6 months has passed since the original child support order, you can request the hearing. At the hearing, you will meet with a judge to discuss whether or not child support has been paid on time. Contact the clerk of court to see how to request this hearing.
 Using blue or black ink (or a typewriter), complete the form accurately. Forms will differ by state, but typically ask for similar information:


the court file number
the names of the parties
the date of the order the other parent has not obeyed
amount owed in child support

, You file the form with the court clerk. There may or may not be a filing fee. You should check ahead of time. Also ask about acceptable payment options.


You probably will need to sign in front of a notary or court administrator. Ask the clerk if you can do that in the courthouse.
Make 2 copies of all forms: one for your records and one for the other parent.
 The non-custodial parent must be notified that you filed a motion. He or she will have an opportunity to respond. You will send a copy of the motion and notice.


Also be sure to pick up a copy of the Affidavit of Personal Service. This form must be filled out by the person who made service and filed with the court.
Personal service may be made by either the sheriff or a professional process server. Ask the clerk if either is acceptable. Expect to pay between $35-100.Some courts will also allow someone over 18 who is not a party to the lawsuit to make service.
 At the hearing, the judge will use the time to find out why the non-custodial parent has not been paying child support and will decide whether the reason given is acceptable or not.


You should attend the hearing with documents that show the non-custodial parent had been given notice of the initial child support order. If the parent was in court when the order was issued, then there should be a record of his or her attendance. If you served the parent a copy of the order, then you should have copies of your postage receipt or affidavit of personal service.
 If the non-custodial parent has moved out of state, then you will need to get a court in that person’s home state to enforce the order. Fortunately, the federal Uniform Interstate Family Support Act (UIFSA) has streamlined the process.


Find the other parent’s physical location. Your local child support agency can use the Federal Parent Locator to find where the non-custodial parent lives.The federal government maintains several databases which it can search for information on the parent.
Ask the court in your state to forward the child support order to the appropriate UIFSA office in the state where the non-custodial parent lives.The office will then file them in the correct court.
The other parent has 20 days to object to the order being registered. If an objection is made, then a hearing will be held. You will be notified of the date, time, and place. Attendance by phone is often an option.
Contact the non-custodial parent.
Document the amount of unpaid child support.
Consider modifying the court order.
Contact your district attorney or state’s attorney.
Prepare for the meeting.
Apply for special services.
Understand the remedies.
Locate the correct court.
Get the form.
Complete the form.
Sign and file the form.
Send notice to the non-custodial parent.
Attend the hearing.
Send the court’s order to an out-of-state court, if necessary.
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