As a custodial parent, you likely are to receive regular child support payments from the other parent to assist in meeting the financial needs of your children. If you find that the other parent fails to honor the court-ordered obligation, there is a process available to you to enforce the child support order, according to the American Bar Association Section of Family Law. The process typically results not only in the enforcement of the existing child support requirement but in the imposition of sanctions on the other parent as well.
Step 1
Go to the clerk of the court and obtain a motion to enforce child support order. Due to the frequency with which child-support issues arise, the typical court clerk maintains a selection of forms related to these types of matters.
Step 2
Complete the motion to enforce child support order, following the directions provided to you by the court clerk.
Step 3
Include the specific amount past due at the time you fill out the motion to enforce child support order form.
Step 4
Make a copy of the original child support order, and attach it to the motion as an exhibit. Sign the motion.
Step 5
Mail a copy of the completed motion to the other parent.
Step 6
File the original motion with the clerk of the court.
Step 7
Request a hearing date and time from either the clerk of the court or the administrative assistant to the judge assigned to your case. Notify the other parent of the hearing.
Step 8
Attend the hearing and present your position to the judge regarding the child support matter. The court itself maintains records regarding the frequency of child support payments as well as the amount in arrears.
Tips and Warnings
- Due to the complexity of child support statutes and court procedures, consider hiring a lawyer to represent your interests in such a case. If the court rules in your favor, the judge is likely to further order the other parent to pay your attorney fees. The American Bar Association maintains resources to assist you in finding a lawyer.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
