Handbook on Child Support Enforcement
V. ENFORCING THE SUPPORT ORDER: ENFORCEMENT
A main objective of the Child Support Enforcement Program is to make
sure that child support payments are made regularly and in the correct
amount. While many noncustodial parents are involved in their
children's lives and are willing to pay child support, lapses of payment
do occur. When they do, a family's budget can be quickly and seriously
threatened,
and the anxiety the custodial parent feels can easily disrupt
the family's life.
For this reason, Congress decided that immediate wage withholding
should be included in all child support orders. (States must also apply
withholding to sources of income other than wages.) For child support
orders issued or modified through State CSE Programs, immediate wage
withholding began November 1, 1990. Immediate wage withholding began
January 1, 1994 for all initial orders which are not established through
the CSE Program. The law allows for an exception to immediate wage
withholding if the court (or administrative process) finds good cause, or
if both parents agree to an alternative arrangement. In these cases, an
arrearage equal to one month's payment will trigger withholding.
If the noncustodial parent has a regular job, wage withholding for child
support can be treated like other forms of payroll deduction--income tax,
social security, union dues, or any other required payment.
If payments are skipped or stop entirely, especially if the noncustodial
parent is self-employed, works for cash or commissions, changes
employment, or moves frequently, the CSE office will try to enforce the
support order through other means.
Subject to due process safeguards, States have laws which allow them to
use enforcement techniques such as State and Federal income tax offset,
liens on real or personal property owned by the debtor, orders to
withhold and deliver property that may satisfy the debt, or a seizure and
sale of property with the proceeds from the sale applied to the support
debt. These methods can be used by the CSE office without directly
involving the courts.
The noncustodial parent refuses to pay child support, but owns a
good deal of property in the county. Can a lien be issued on the property?
Yes. But you must remember a lien on property does not by itself result
in the immediate collection of any money. It only prevents the owner from
selling, transferring, or borrowing against the property until the child
support debt is paid. However, the presence of a property lien may
encourage the noncustodial parent to pay the past-due child support in
order to retain clear title to the property. States are now required to
give full faith and credit to liens issued by another State.
Is it possible to collect the support payments from personal
property?
Under some State laws, the enforcement official can issue an order to
withhold and deliver. The order is sent to the person, company, or
institution that is holding property belonging to the debtor, such as a
bank account, investments, or personal property. The holder of the
property must deliver it either to the enforcement agency or court that
issued the support order. Some States permit the property to be attached
or seized and sold to pay the debt. 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.
I am working with a private attorney. Can she request wage
withholding for my child support payments?
Yes. You can collect support through wage withholding if you use a
private attorney rather than the CSE office. States must also apply
withholding to other kinds of income in addition to wages, such as
bonuses, commissions, retirement, rental or interest income.
Can I have the wage withholding applied to my existing child support
order?
Yes, you can apply for the wage withholding through your local CSE
office or your attorney. Though there are limits on how much of a person's
check can be withheld, wage withholding can be used for both ongoing
support and arrearages. Ask the CSE agency how this can be done.
Why can't my attorney work on my child support problem while I am
receiving services from the child support program?
Your attorney can work with the child support program. For best results,
they should coordinate their efforts to prevent duplication of services
and conflicting enforcement decisions.
My child's mother works for a big company and has moved several
times in her job. Can wage withholding work in this case?
Yes. States must recognize the wage withholding orders from other
States, and continue the wage withholding as ordered, without regard to
where the noncustodial parent or the custodial parent and children live.
My ex-husband has a good job and is willing to have the payments
deducted from his paycheck, but his employer won't do it. What can I do?
Under Federal law, an employer must withhold the support if
ordered to, or if the noncustodial parent requests it. If you run into
problems with an employer, seek the assistance of your CSE office.
The children's father works irregularly and is paid in cash. Wage
withholding won't work for me. What will?
Automatic billing, telephone reminders, and delinquency notices from
your CSE office might convince him to make regular payments. Other
techniques, such as property attachment, credit bureau reporting, tax
refund offset, and liens might work for the arrearages. The Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
requires States to enact legislation to allow suspending or revoking
drivers, professional, occupational and recreational licenses if an
arrearage develops. If none of these is successful, your enforcement
office can take the case to court for stronger enforcement methods.
My ex-wife has her own computer programming service. How can the CSE
office find out how much she earns, and how can they collect the money?
The CSE office 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 children's father owns a cross-country moving van and a nice
home. Why won't the child support office put a lien on either one?
Most States will not put a lien on a primary residence or attach
property which a person needs to make a living. Talk to your caseworker
about what kinds of property are available for liens and attachment in
your State.
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 wage 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, a wage withholding order can be sent
to the Defense Finance and Accounting Service (DFAS) Center in Cleveland,
Ohio. Ask your CSE office 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)
My children's father retired from the Navy when he was only 40, just
before our divorce. Can his military retirement check be garnished for
back child support?
Yes, it is possible to garnish the income of retired members of the
military. With the assistance of your caseworker or lawyer, you can get a
garnishment order from the court and send it with a certified copy of your
child support order to DFAS (as above). Your local enforcement office can
tell you the exact procedures and follow through on your behalf.
The children's mother works for the Federal government. She was
recently transferred and stopped making payments. What do I have to do to
get them started again?
All Federal employees are subject to wage withholding, and there is a
central payment office for each Department, so moves within the Department
should not affect a wage withholding order. If you do not have a formal
support order, ask a child support office or an attorney about
establishing one. If you have a child support order, your CSE office or
attorney can help you to secure payments by wage withholding. If she has
moved to a different Department, the Federal Parent Locator Service (FPLS)
can provide her new location.
Can past-due child support be taken from the State income tax
refund?
Under Federal law, all States with State income tax must offset
State income tax refunds for past-due support owed to families, and to
States for cash assistance they have provided.
How does the non-paying parent find out that his or her State tax
refund will be taken?
The State 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 whom to contact if the person wants to contest
the offset.
Can Federal income tax refunds be offset the same way?
Yes, States can request an offset of Federal income tax refunds for
past-due support of over $500 owed on behalf of minor children not
receiving cash assistance as well as over $150 owed to States that have
provided assistance.
Doesn't the Internal Revenue Service have another method it can use
to help us get the support owed?
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. The CSE 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 caseworker 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.
By my own calculation, my ex owes me $3,475 in past due child
support. Can the enforcement agency try to collect it for me?
If this support was owed before the CSE office became involved in your
case, the CSE office will have to verify the amount owed, and may have to
present the documentation to a court before it can start collection
procedures. While it is doing this, the agency can try to collect support
payments for current months.
I heard that my children's father is buying a very expensive car. He
owes over $5,000 in back support. Can the credit agency be told this?
Yes. By Federal law, the CSE office must periodically report the amount
of past-due child support to credit reporting agencies. Consult your
caseworker for more information.
The other parent does not work regularly and keeps falling behind in
child support payments. Is there any way the court can establish regular
payment?
As mentioned before, property liens and attachments might work. In
certain cases Federal law also authorizes that the parent be required to
post security, bond, or other guarantee to cover support obligations.
These may be in the form of money or property. Ask your enforcement
caseworker if these might be applied to your case.
My ex-wife has declared bankruptcy and says she doesn't have to pay
child support. Is that true?
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 the CSE office can
help.
My daughter's father says that since he gives her gifts and money he
does not have to pay child support.
Courts generally will not allow gifts to a child to take the place of
child support, and require that child support payments are carried out as
ordered by the child support agreement. In some cases, if the voluntary
payment is larger than a normal gift would be, a court may decide to
credit the payment as a child support payment.
Will the Federal Government step in to enforce a difficult child
support case?
No. State and local offices are responsible for establishing paternity
and establishing and enforcing child support orders. The Federal
Government tries to make sure that States use appropriate enforcement
techniques. It pays much of the cost of the program, issues policies,
offers technical assistance, and reviews State programs for compliance
with Federal requirements. (However,see Interstate Enforcement below.)
The child support office is not enforcing my case. Can I take it to
a Federal Court?
If your caseworker and State CSE office have had no response to their
requests for enforcement in another jurisdiction, it is possible
for the case to be heard by a Federal court. This is not done often, and
the decision to use a Federal court will be made by the Federal Regional
Office of Child Support Enforcement at the request of your caseworker and
the State enforcement office. If you are not satisfied with the services
you are receiving in your local CSE office, you may ask your State CSE
Agency for help. State Agency addresses are listed at the end of the Handbook.
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 the CSE office collect that money for me?
State statutes of limitations determine how long the CSE Office
can try to collect on a child support debt. Within this period, the CSE
office is required by Federal law to collect verified back support. Ask
your CSE office for more information.
Can my children be provided for if my ex-husband dies?
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.
The children's mother lives in another State and we don't know when
she is buying something. Every time the kids come home from there they
talk about her new car or stove or something, but she still won't pay her
child support. Why can she get credit if the courts know she owes her kids
so much?
CSE offices must report child support arrearages to credit bureaus. The
State notifies the noncustodial parent if the debt will be reported to the
credit reporting network. That sometimes is enough to encourage payment of
the overdue support.
My ex-husband inherited a house and a sizeable amount of money from
his parents. He already had some income property. Now he doesn't have to
work, and he put everything into his brother's name and got his child
support reduced to the State minimum.
Under the Personal Responsibility and Work Opportunity Reconciliation
Act, States must have, or develop, laws and procedures for voiding
transfers of income or property that were made to avoid payment of child
support. Your CSE Office will have current information about how your
State is handling these fraudulent transfers.
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Handbook on Child Support Enforcement: Enforcing The Support Order: Enforcement
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