Steps to Collect Child Support - FAQ for Custodial Parents

Am I eligible to receive child support?

If you're a parent, whether divorced, separated or never married, with children to support, then you're eligible to receive child support.

Any parent or person with custody of a child who needs help to establish a child support or medical support order or to collect support payments can apply for child support enforcement services. People who have received assistance under programs supported by federal funding – Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), or Foster Care - are automatically referred to the State child support agency for child support enforcement services. Certain Medicaid recipients may also be referred for enforcement services. If you have not received assistance under such programs, then, in addition to government services, you have the option of hiring a private child support enforcement agency or an attorney to collect your child support.

How do I contact my State child support agency?

The phone number for your local government child support office can be found in your telephone directory, usually under the State/County social services agency.

How do I contact a local private child support enforcement agency?

The Child Support Enforcement Council (CSEC) is a national association of the leading private child support enforcement agencies.

How do I contact a local attorney specializing in child support enforcement?

With more than 400,000 members, the American Bar Association is the largest voluntary professional association in the world.

Although the process of obtaining child support can be overwhelming at first, using this basic three step approach will help simplify the effort.

The three steps in the child support collection process are:

Step One: Establishing Paternity
Step Two: Establishing the Obligation
Step Three: Enforcement of the Child Support Order

Step One: Establishing Paternity

If the child was born out of wedlock, the first step is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity at the time of the child’s birth. Either parent can request a blood test in contested paternity cases.

What are the benefits of establishing paternity?

Paternity establishment can provide basic emotional, social, and economic ties between a father and his child.

Once paternity is established, a child gains legal rights and privileges. Among these may be rights to inheritance, rights to the father's medical and life insurance benefits, and to social security and possibly veterans' benefits. The child also has a chance to develop a relationship with the father, and to develop a sense of identity and connection to the "other half" of his or her family. It may be important for the health of the child for doctors to have knowledge of the father's medical history.

What will the enforcement caseworker need to know to try to establish paternity?

The caseworker needs as much information as you can give about the alleged father and the facts about your relationship with him, your pregnancy, and the birth of your child. Some of these questions may be personal, so enforcement agencies must keep the information that you give confidential.

The caseworker will also want to know whether he ever provided any financial support, or in any other way acknowledged--through letters or gifts--that the child was his. A picture of the alleged father with the child is helpful, as well as any information from others who could confirm your relationship with him.

What if he denies he is the father, or says he's not sure?

Paternity can be determined by highly accurate tests conducted on blood or tissue samples of the man, mother and child. Genetic test results indicate a probability of paternity and can establish a legal presumption of paternity. These tests have an accuracy range of up to 99 percent, the current standard the creates the evidentiary presumption in most courts in the nation. They can exclude a man who is not the biological father and can also show the likelihood of paternity if he is not excluded. Each party in a contested paternity case must submit to genetic tests at the request of either party or the child support enforcement agency or if ordered by a court.

If genetic tests are necessary, who pays for them?

If the State support enforcement agency orders the tests, the State must pay the cost of the testing. If the father is identified by the tests, some States will charge him for their costs.

If a party disputes the original test result, he or she can pay for a second genetic test and the State must then obtain additional testing.

What happens if I am not sure who the father is?

If the father could be one of several men, each may be required to take a genetic test. These tests are very accurate, and it is almost always possible to determine who fathered a baby and to rule out any one who did not.

My boyfriend is on a military base abroad and I am about to have his baby. How can I establish paternity and get an order for support?

You can apply for child support enforcement services at your local government child support enforcement agency. If he is willing to sign documents to acknowledge paternity and agree to support, then enforcement can proceed by a income withholding order. If the man is on a naval ship or lives on a military base abroad and will not acknowledge paternity, it may be necessary to wait until he returns to the United States for blood work to be done.

The father of my child said I would never get a paternity judgment on him because he'd just leave the State. What happens in this case?

If the alleged father fails to respond to a formal complaint properly served upon him or refuses to submit to genetic testing, a default judgment may be entered by a court. The default judgment establishes paternity. At the same time, a court order for support may be issued. If the parent has disappeared, State and Federal Parent Locator Services can be called on to help find him. States must give full faith and credit to paternity determinations made by other states in accordance with their laws and regulations.

I need to establish paternity for my child, and the father lives in another part of the country. How does this work?

The fact that you and the alleged father live in different States will not keep you from pursuing a paternity establishment action. Your State may be able to claim jurisdiction and establish paternity if the alleged father had lived there or the child was conceived in your State. Otherwise your State can petition the other State to establish paternity under their laws. Often, genetic tests will be ordered to help prove paternity. Ask your caseworker for specific information about the laws in your State and the State where the other parent lives.

What happens after paternity is established?

If it becomes necessary to establish a child support order, a child support enforcement caseworker may discuss the child's needs with the father and what he is required to pay for child support according to the State guidelines. The court may also include at this time the exact terms of custody, visitation, and other parental rights.

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Step Two: Establishing the Obligation

The fair amount of child support that the non-custodial parent should pay is determined according to mandatory state guidelines. If you do not know where the non-custodial parent (NCP) lives, your caseworker can assist you by using state and federal locate information to try to find him or her. Once the support order is established, it will include the amount of money that the parent should provide on a regular bases and will include provision for medical support. If the parent lives in another state, the child support enforcement agency may have to ask the state where he or she lives to establish the order. If you do not know the location of the NCP, if you know where and when he or she was born and what his or her parents’ names are, your caseworker may be able to find the Social Security number, which is an important tool for locating someone.

How do I obtain a support order?

To obtain a support order, you must contact your local government child support office. The phone number can be found in your telephone directory, usually under the State/County social services agency.

I'm sure the other parent is willing to pay support. Can we make an agreement between ourselves and present it to the court?

If parents can cooperate and agree, all the better. You can get help from a lawyer, mediator or family counselor. The court's sole interest in your agreement is to see that it is fair to all parties, that the welfare of the children is protected, and that the agreement conforms with the state’s mandatory child support guidelines.

Are the earnings of both parents considered in setting support awards?

In some State guidelines, both parents' earnings are considered in setting the amount of the support order. Check with your chosen enforcement agency. Laws vary from State to State, but parents who can work out a fair support agreement between themselves will have a better chance of having their wishes recognized in court.

Is there a limit to the amount of money that can be taken from my paycheck for child support?

Yes. The amount that can be withheld from an employee's disposable wages is limited by the Federal Consumer Credit Protection Act (FCCPA) to 50 percent of disposable earnings if an obligated parent has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55% and 65%) if payments are in arrears for a period equal to 12 weeks or more. State law may further limit the amount that can be taken from a wage earner's paycheck.

I can't get health insurance with my job but my ex-wife gets good benefits where she works. Can she be required to put the children on her insurance?

Yes. Make sure you speak with your caseworker about this. The child support enforcement agency must petition the court to include medical support in any order for child support when employment related or other group health insurance is available to the noncustodial parent at a reasonable cost. Court orders can also be modified to include health care coverage. If the noncustodial parent does not have access to health care coverage at reasonable cost through employment, but the custodial does, then the court may require the noncustodial parent to pay an additional amount in support to reimburse the custodial parent for the costs of the coverage.

If you are not receiving cash assistance or Medicaid, the child support enforcement agency will help you enforce a medical support order if you want it to. If you do not want its help, you may decline it. For people on cash assistance, or Medicaid, the child support enforcement agency must order the noncustodial parent to provide health insurance, if it is available. Many States, however, have laws requiring the inclusion of medical support in all child support orders so whether or not the government program is providing child support enforcement, the noncustodial parent will be expected to pay medical support as part of the child support obligation.

Federal law requires States to have laws which should make medical support enforcement easier. For example, insurers can no longer refuse to enroll a child in a health care plan because the parents were not married or because the child does not live in the same household as the enrolled parent. The law also created a tool that child support agencies will be able to use to establish and enforce medical support when the noncustodial parent participates in a group health plan but does not enroll the child.

This law provides that custodial parents can obtain information about coverage directly from an insurer, submit claims directly to the insurer, and be reimbursed directly by an insurer. For specific information about these laws in your State, contact your chosen enforcement agency.

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Step Three: Enforcement of the Child Support Order

The government child support enforcement agency is required to collect child support due a family no matter where the non-custodial parent lives in the country. If the government program is unable to secure the support, you have other options for enforcing your support order. These options include using a private attorney or hiring a private child support enforcement agency.

Who can help collect my child support?

Once you have a support order, you have 3 options for the collection of child support:
1. Your state or local government child support office.
2. A private child support enforcement agency.
3. A private attorney.

What does the child support enforcement agency need to know?

No matter where you start - establishing paternity, finding a noncustodial parent, establishing or enforcing a support order - your child support caseworker must have enough information to pursue your case. All information you provide will be treated in confidence. The more details you provide, the easier it will be to process your case and to collect child support payments for your children.

What if I don't have the noncustodial parent’s social security number?

Your child support caseworker has lots of ways to find the noncustodial parent’s social security number, even if you don’t know it. Social security numbers are now required on applications for professional licenses, commercial driver's licenses and marriage licenses, on divorce records, support orders, paternity determinations or acknowledgements, and death records.

If none of these is available, or the SSN was not yet required when the document was issued, the child support enforcement office can subpoena information about bank accounts, insurance policies, credit cards, pay slips, or income tax returns. If you and the other parent filed a joint Federal income tax return in the last three years, the child support enforcement office can get the social security number from the IRS. Your caseworker may be able to get the SSN with at least three of the following pieces of information: the parent's name, place of birth, date of birth, his or her father' name, and his or her mother's maiden name.

What documents do I need to bring to the enforcement agency?

Below are some useful pieces of information to bring to the enforcement agency. It is important to note that not all of the below are required by an enforcement agency. You should call your chosen collection agency to confirm its requirements.

1. Information about the noncustodial parent, including:
Physical characteristics; Name, address and social security number; Name and address of current or recent employer; Names of friends, relatives and organizations to which he or she might belong; and, Information about his or her income and assets (pay slips, tax returns, bank accounts, investments, property holdings)

2. Your children’s birth certificates

3. Your child support order

4. Your divorce degree or separation agreement

5. Records of any child support received in the past

6. Information about your income and assets

The noncustodial parent lives across the State. I can’t afford to take the time off work or travel there for a child support hearing. How can I get enforcement of my child support?

Normally local offices of the government child support enforcement program can handle enforcement in different jurisdictions in the same State without your having to travel outside your own jurisdiction, and most private child support enforcement agencies can handle cases not only in different jurisdictions, but in different states. Ask your chosen child support enforcement provider for details about how enforcement would work in your case.

If paternity is established in another state, will the support order also be entered in that State?

In most cases, yes. Ask your caseworker or enforcement specialist how this is done.

What if the noncustodial parent cannot be found locally?

Your child support enforcement agency will ask the State Parent Locator Service (SPLS) to search for the noncustodial parent. Using the social security number, the SPLS will check the records of State agencies such as motor vehicle registration, unemployment insurance, income tax, and correctional facilities. If the SPLS finds that the parent has moved to another State, it can ask the other State to search, or send a request to the Federal Parent Locator Service (FPLS).

What resources does the FPLS have?

The FPLS can search for addresses in the records of the Internal Revenue Service, the Department of Defense, the National Personnel Records Center, the Social Security Administration, the Department of Veterans Affairs, and State Employment Security Agencies. States also are required to maintain directories of newly hired employees in the state and to report this information to a National Directory of New Hires within the FPLS for important data matches in order locate noncustodial parents who owe child support.

Can my lawyer or I ask the FPLS to find an address for the other parent?

Not directly. However, you, your attorney or your private child support enforcement agency can submit a request to use the FPLS through the State child support enforcement agency.

Can State and Federal location efforts be made at the same time?

Yes. For instance, in cases handled by the government program, a search can be initiated by the State to another State and to the FPLS at the same time. In all other cases, the State requests information from the FPLS only.

Can enforcement agencies use the Federal income tax return to find out where the noncustodial parent lives and what he or she earns?

Yes. Under certain conditions, the IRS, may disclose to the government child support enforcement agency information that income earners submit on IRS Form 1099. This information is a valuable tool to help find a noncustodial parent and determine his or her financial assets. The information may only be used for the purpose of enforcing child support payments.

Information available through Form 1099 includes both earned and unearned income, including wages, earnings on stocks and bonds, interest from bank accounts, unemployment compensation, capital gains, royalties and prizes, and employer and financial institution addresses. A number of very small businesses submit 1099 asset information to the IRS, so this can be a good source of information. Any information obtained from the IRS must be verified through a second source, such as an employer or bank, before the government child support enforcement agency can use it.

What will happen when the caseworker has the current address of the noncustodial parent?

Although different enforcement agencies operate differently, typically the caseworker will verify the home and work addresses, then ask the noncustodial parent to come to the office for an interview, or notify him/her that legal action may be taken. Ask your chosen enforcement agency for an outline of their specific procedures.

The father of my child is in the military, but I don't know where he is stationed. Can the enforcement agency find him?

Yes. The enforcement agency, working through the FPLS, can secure information about the current duty station of a parent who is in any of the uniformed services.

How does the caseworker find out about the other parent's income or assets?

The government agency caseworker will make every possible effort to identify the parent's employment, property owned, and any other sources of income or assets. This information must be verified before the support order is final. In certain situations, the IRS may provide financial information about the parent's earned and unearned income such as interest payments and unemployment compensation. The State child support enforcement agency now has access to financial institution data, such as bank accounts and credit bureau data, which may provide information about employers and or assets.

The father of my child is in jail. Can I get support?

Probably not. Past-due support may accumulate while the father is in jail. But unless he has other assets, such as property or any income such as wages from a work-release program, it is unlikely that support can be collected while he is in jail. Depending on State law, your support order may be modified so that payment is deferred until he is released and working.

Is it possible to collect the support payments from personal property?

Yes. Federal law requires all States to have procedures for imposing a lien on real and personal property of a noncustodial payment for the payment of past-due support. This lien can be foreclosed on, forcing the noncustodial parent to pay up the past-due support or lose the property to cover the amounts of support past-due. Under all State laws, the government enforcement agency can seize the financial assets of a noncustodial parent held by financial institutions, such as banks and mutual funds. Some States require noncustodial parents with a poor payment history to pledge property as a guarantee of payment. Non-payment results in forfeiture of the property. Ask your chosen enforcement agency for more information.

I am working with a private attorney. Can she request income withholding for my child support payments?

Yes. You can collect support through income withholding if you use a private attorney or a private child support enforcement agency rather than the local government child support office. States must also apply withholding to other kinds of income in addition to wages, such as bonuses, commissions, retirement, rental or interest income, and in some cases, workers’ compensation.

Can I have the income withholding applied to my existing child support order?

Yes, you can apply for income withholding through your chosen child support enforcement agency or your attorney. Though there are limits on how much of a person's income can be withheld, income withholding can be used for both ongoing support and arrearages. Ask your chosen enforcement agency how this can be done.

Can my attorney work on my child support problem while I am receiving services from the governement child support program?

Yes, your attorney can work with the government child support program. For best results, they should coordinate their efforts to prevent duplication of services and conflicting enforcement decisions.

The children's father works irregularly and is paid in cash. Income withholding won't work for me. What will?

Automatic billing, telephone reminders, and delinquency notices from your chosen enforcement agency might convince him to make regular payments. Other techniques, such as property liens, credit bureau reporting, and federal and state income tax refund interception to pay past-due support might work . The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) requires States to have laws for suspending or revoking drivers, professional, occupational and recreational licenses for unpaid support arrearages. If none of these is successful, your enforcement office can take the case to court for stronger enforcement methods, such as contempt.

My ex-wife has her own computer programming service. How can my child support enforcement agency find out how much she earns, and how can they collect the money?

Your State child support enforcement agency has access to information from the Internal Revenue Service to determine her income and assets. This information will help to set the support order amount.

Cases involving self-employed noncustodial parents can be the most challenging to work, and often take more time and effort. If it is not possible to arrange for an allotment or withholding, it may be possible to secure liens on her payments from regular clients or to garnish her bank account. If her business depends on having a license, she may make arrangements to pay rather than risk losing her license. Knowing that arrears will be reported to a credit bureau may give her a strong incentive to comply with the order. Provide your caseworker with as much information as you can about the business and her clients.

My ex-spouse is in the Army. How do I go about having child support payments deducted from a paycheck? And can I get medical coverage for my child?

Members of the military are subject to the same income withholding requirements as other public or private employees. Federal garnishment procedures should be used in most instances, although use of military involuntary allotments is sometimes more appropriate. If a service member is not meeting a support obligation, an income withholding order can be sent to the Defense Finance and Accounting Service (DFAS) Center in Cleveland, Ohio. Ask your State child support enforcement agency for information on how to start this action.

To get medical coverage for a child of a military member, the child must be enrolled in the Defense Enrollment Eligibility Reporting System (DEERS). Contact the following DEERS Office for the nearest DEERS enrollment site:

800-334-4162 (California only)
800-527-5602 (Alaska and Hawaii only)
800-538-9552 (all other States)

Can past-due child support be taken from the State income tax refund, as well as from federal income tax refunds?

Absolutely. In fact, all states with a state income tax are required by Federal law to deduct past-due child support owed to families from State income tax refunds.

How does the non-paying parent find out that his or her State or Federal tax refund will be taken?

The State child support enforcement agency must notify the noncustodial parent in advance of taking the action. The notice specifies the amount owed in arrears and the amount to be offset. It also tells the parent whom to contact if he or she wants to contest the action.

Doesn't the Internal Revenue Service have another method it can use to help me get my child support?

Yes. Your caseworker may be able to make a request for use of the IRS "full collection" technique. Under certain conditions, the Internal Revenue Service can attach a parent's income and other assets for child support payments. Your chosen child support enforcement agency can submit the request when the amount owed is over $750 and there is good evidence that the obligated parent has assets that can be tapped for collection. Contact your chosen enforcement agency for more information.

The children's father lost his job and is collecting unemployment compensation. Can child support payments be deducted and sent to me?

Yes. Unemployment compensation and other State and Federal benefits can be tapped for child support. Ask your caseworker about the procedures, and make sure you tell your caseworker immediately if you learn about changes in the father's employment situation.

My ex-wife has declared bankruptcy and says she doesn't have to pay child support. Is that true?

Not usually. Child support payments generally cannot be discharged in bankruptcy. This means that the parent who owed child support cannot escape this duty by filing for bankruptcy. As of October 1994, bankruptcies do not act as a stay, or hold, on actions to establish paternity or to establish or modify child support obligations. The relationship between child support and bankruptcy is complex, and you may need the help of someone familiar with bankruptcy law. Ask your caseworker how your chosen enforcement agency can help.

My children are over 18 and don't get child support any more, but there is still a $10,000 arrearage owed to me for support that was never paid. Will my enforcement agency collect that money for me?

State statutes of limitations determine how long the enforcement agency can try to collect on a child support debt. Within this period, the enforcement agency is required by Federal law to collect verified back support. Ask your chosen enforcement agency for more information.

Can my children be provided for if my ex-husband dies?

Yes. A well written child support order should provide for continued support if the noncustodial parent should die. The child support payments should be defined as a claim against his estate. The children can also be named as beneficiaries in your ex-husband's life insurance policy or will.

I know the address of my children's father in another State, and my caseworker sent a petition to establish my support order there. That was three months ago, and still no support payments. What's wrong?

It may be any number of things: enforcement officials may not be able to serve notice on the noncustodial parent due to inadequate address information; if a hearing is necessary, it may take a while to get a court date. Continue to keep in touch with your caseworker to resolve any delay or to provide any new information you may have. If you’ve only been working with a state agency, you might consider contacting a private enforcement agency or an attorney specializing in child support enforcement.

I have had to wait several months for my enforcement agency to get a reply to its request for location assistance in another State. Why does it take so long to get an answer?

Even though they try to be responsive, government enforcement agencies have a very high demand for their services. Many government agencies are simply understaffed and overworked. You might consider contacting a private child support enforcement agency or an attorney specializing in child support enforcement.

As soon as the children's father is notified about enforcement, he moves. How will I ever be able to collect my support?

This situation is all too common. It is very frustrating when, after the noncustodial parent is finally located and served notice of the enforcement action, he or she moves on. It is difficult to enforce child support payments when the noncustodial parent intentionally moves to avoid paying. There are certain actions you can take to help your chosen enforcement agency collect your support. For instance, try to be an active participant in your own case. Whenever you learn that the noncustodial parent has moved or has a new job, you should tell your caseworker as soon as possible. Other helpful resources for locating deadbeats are the State directories of new hires. Starting October 1997, all States are required to have a State Directory of New Hires, and employers are required to report hiring new employees within 20 days. This information is then sent to a National Directory of New Hires. These directories will help your chosen child support enforcement agency to locate the noncustodial parent if he or she moves on to a new job.

Isn't there a law now that makes it a Federal crime to not pay child support if the child lives in another State?

Yes. The Child Support Recovery Act of 1992 makes it a Federal crime to willfully fail to pay support for a child living in another State.

In order to prosecute under this Act, the United States Attorney's Office must prove that the noncustodial parent was financially able to meet his/her obligation at the time the payment was due. If support arrearages are more than $5,000 or are unpaid for longer than one year, the noncustodial parent is subject to punishment. A major consideration in screening a case for Federal prosecution is whether all reasonably available civil and State criminal remedies have been pursued first. Next, priority is given to cases: (1) where there is a pattern of moving from State to State to avoid payment; (2) where there is a pattern of deception (e.g., use of false name or social security number); (3) where there is failure to make support payments after being held in contempt of court; and (4) where failure to make support payments is connected to some other Federal offense such as bankruptcy fraud.

I don't have a support order. Can I have one established by petitioning the court where my ex-husband lives?

Yes. This can also be done by your local government child support agency . Depending on the facts, it could be handled in your State or referred to another State under the Uniform Interstate Family Support Act (UIFSA) which federal law requires all states to have and use. You will need to supply your child support agency with the facts of the case, including the name and address of the noncustodial parent, details of your financial circumstances, and the needs of your child.] An affidavit of the facts and a petition will be mailed to the enforcement agency, the court, or the interstate official where the father lives. The responding State will review this information together with information about the father's ability to pay, and set the amount to be paid.

The father of my child has left the United States. How can I get my court order for child support enforced?

We suggest that you check with your chosen government child support enforcement agency. Many State child support enforcement agencies have agreements with foreign countries to recognize child support judgments made in other countries, or to help establish orders when there is none. The U.S. Government is in the process of negotiating federal-level reciprocity declarations with other countries on behalf of all U.S. jurisdictions. These international child support agreements specify procedures for establishing and enforcing child support orders across borders. While requirements for getting enforcement action may vary depending on the other nation involved, a parent will be asked to provide the same information as in a domestic case, including as much specific information, such as address and employer of the noncustodial parent, as is possible.

If the noncustodial parent works for an American company, or for a foreign company with offices in the United States, income withholding might work even if the country he lives in does not have any agreement to enforce an American State's order. Even in cases where the noncustodial parent is living and working in a country that has no reciprocity agreement, approaching the foreign employer directly for help might prove successful.

I am not happy with my enforcement agency. Where can I send my comments?

The National Coalition for Child Support Options is very interested in your comments, whether they’re about a government enforcement agency, a private enforcement agency or an attorney. Please email your comments maryanne_best@childsupportoptions.org or call us at (866) 244-1946.

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LINKS:

Access Legal Services

Beta Paternity Testing Lab
Beta Paternity testing Laboratory performing DNA paternity testing utilizing painless mouth swabs. Beta paternity offers affordable in-home, convenient, private paternity DNA testing worldwide.

Child Custody Organization

Child Support Handbook

Child Support Enforcement Council
The Child Support Enforcement Council (CSEC) is a national association of the leading private child support enforcement agencies. CSEC provides educational services and professional development to member agencies to ensure that custodial parents receive the highest possible levels of ethical and professional service from the private enforcement agencies.

Divorceinteractive.com
Divorce Interactive is a comprehensive divorce resource containing divorce and family law information on child support, custody, alimony and visitation issues; divorce advice.

DivorceNet.Com

Federal Office of Child Support Enforcement

Kids n’ Common
Kids n’ Common is a web-based resource designed to help single and divorced parents manage their busy lives. Kids n’ Common allows single parents to work directly with their ex-spouses online to keep in contact regarding important issues about their kids and to keep better records.

Single Parents Association Online
Single Parents Association (SPA) is a nonprofit organization devoted to providing single parent families educational opportunities and FUN, family activities.

Vital Check
Order your birth certificates or birth records and other vital records including death, marriage and divorce for quick delivery for passports, Visas, school enrollment or driver's license.

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