To report someone who isn’t paying child support, contact your state’s child support enforcement agency, which is usually part of the state department of human services or the attorney general’s office. That agency, not the local police or a court clerk, has the legal authority to garnish wages, intercept tax refunds, place liens, suspend licenses, block passports, and refer serious cases for criminal prosecution. You don’t need a lawyer to open a case, and federal law caps the application fee at $25, with many states waiving it entirely.1Office of the Law Revision Counsel. 42 USC 654 – State Plan for Child and Spousal Support
Where to File the Report
Every state runs its own child support enforcement agency.2Administration for Children & Families. State Agencies It handles establishing paternity, setting support amounts, collecting payments, and enforcing orders. Anyone can apply for services regardless of income. If you already receive public assistance, your case is usually referred automatically. Otherwise, you can apply online, by phone, or at a local office.
If the other parent lives in another state, you still start with your own state’s agency. It will coordinate with the other state’s agency to enforce the order, so you don’t need to file in both places yourself.3U.S. Department of Health and Human Services Office of Inspector General. About the Child Support Enforcement Program
What to Have Ready
Gather what you can before you apply. The more complete your file, the faster things move.
- A copy of the child support order (court order or administrative order).
- Payment records: dates, amounts, and methods for what was paid and what was missed.
- The other parent’s full legal name, date of birth, Social Security number if you have it, last known address, and phone number.
- Employment information: employer name and address, if known. This matters because wage garnishment is the single most effective collection tool.
Don’t hold off filing because you’re missing pieces. The agency can work with incomplete information and has access to federal databases that can fill gaps.
What Happens After You Apply
The agency will confirm receipt, assign a caseworker, and verify the non-payment through an intake interview or complaint form. From that point, the agency runs the enforcement effort. You don’t chase the other parent yourself.
If the other parent’s whereabouts or workplace are unknown, the agency can query the Federal Parent Locator Service, which draws on records from the IRS, Social Security Administration, Department of Defense, and state employment agencies.4Office of the Law Revision Counsel. 42 USC 653 – Federal Parent Locator Service It also includes the National Directory of New Hires, which tracks employment records nationwide and flags parents who start new jobs.5The Administration for Children & Families. Overview of Federal Parent Locator Service
Wage Garnishment
Wage garnishment is the workhorse. The agency sends an income withholding order to the employer, and the employer must comply, deducting a portion of each paycheck and forwarding it to the agency. The federal caps on how much can be withheld for child support run well above the limits for other kinds of debt:6U.S. Department of Labor. Fact Sheet #30: Wage Garnishment Protections of the Consumer Credit Protection Act (CCPA)
- 50% of disposable earnings if the paying parent supports another spouse or child.
- 60% of disposable earnings if the paying parent does not support another spouse or child.
- An additional 5% if the parent is more than 12 weeks behind, raising the caps to 55% and 65%.
By comparison, the general cap for most other debts is 25%.7Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment That gap is why wage garnishment recovers more child support than any other method.
Tax Refunds, Liens, and Bank Levies
The federal Tax Refund Offset Program redirects a non-paying parent’s federal tax refund toward the arrears. It kicks in at $500 in overdue support for families not on public assistance, and at $150 for families receiving Temporary Assistance for Needy Families.8Administration for Children & Families. When Is a Child Support Case Eligible for the Federal Tax Refund Offset Program? Many states run parallel programs targeting state tax refunds.
Agencies can also place liens on real estate and personal property, levy bank accounts to seize funds directly, and in some states intercept lottery winnings and other government payments. These options matter most when a parent has assets but no regular paycheck, including self-employed parents and independent contractors. If the other parent works for cash or runs a business, tell your caseworker what you know about clients, business names, bank accounts, vehicles, and property. That information lets the agency choose the right collection method and, if needed, subpoena financial records or impute income based on lifestyle and earning history.
License Suspension and Passport Denial
States can suspend or deny driver’s licenses, professional licenses, and recreational licenses like hunting and fishing permits when a parent falls behind. Because a suspended license can directly threaten a parent’s ability to earn, this tool often produces payment when others don’t.
At the federal level, a parent who owes $2,500 or more in past-due support cannot get or renew a U.S. passport.9U.S. Department of State. Pay Child Support Before Applying for a Passport The State Department will also revoke a current passport if the parent surrenders it for routine service, such as adding pages or updating a photo.10Administration for Children & Families. Passport Denial Program 101 Once flagged, the parent stays flagged until the debt is resolved or the state agency requests removal, even if the balance later drops below $2,500.11Office of Child Support Enforcement. How Does the Passport Denial Program Work?
Credit Bureau Reporting
Federal law requires every state to report delinquent child support to consumer credit reporting agencies, after giving the parent notice and a chance to dispute the accuracy of the information.12Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement – Section: Reporting Arrearages to Credit Bureaus Once the delinquency appears on a credit report, it can damage the parent’s score and make it hard to qualify for loans, rent an apartment, or pass background checks. Reporting is largely automatic once arrears reach the state’s threshold.
Contempt of Court and Federal Criminal Charges
When collection tools aren’t producing results, the agency can ask a court to hold the non-paying parent in contempt. A contempt finding means the court has determined the parent has the ability to pay but is choosing not to. Consequences include fines, additional fees, and jail. Judges generally treat incarceration as a last resort, and sentences typically run from days to months. Many courts will release the parent once payments resume or a payment plan is in place.
Federal prosecution is possible under the Deadbeat Parents Punishment Act when the child lives in another state and the parent either willfully refuses to pay for more than a year or owes more than $5,000.13Office of the Law Revision Counsel. 18 USC 228 – Failure to Pay Legal Child Support Obligations A first offense is a misdemeanor with up to six months in prison. It becomes a felony carrying up to two years if the parent owes more than $10,000, hasn’t paid in more than two years, or crosses state lines or leaves the country to avoid the obligation.14U.S. Department of Justice. Citizens Guide to US Federal Law on Child Support Enforcement Federal cases are rare but do happen for egregious conduct.
Two Things the Other Parent Cannot Do
Two boundaries are worth knowing, because non-paying parents sometimes float them as reasons the debt should go away.
First, no court can retroactively reduce or forgive past-due child support. Under federal law, every installment becomes a legal judgment the moment it comes due.15Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement – Section: Retroactive Modification A parent can petition to modify support going forward if their circumstances change, but the modification only applies from the date the petition is filed and the other parent is notified. Arrears that already accrued are locked in.
Second, child support cannot be wiped out in bankruptcy. Federal bankruptcy law excludes domestic support obligations from discharge in both Chapter 7 and Chapter 13.16Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge The automatic stay that normally freezes collection during a bankruptcy case doesn’t stop most child support enforcement either. Agencies can keep garnishing wages, intercepting tax refunds, suspending licenses, reporting to credit bureaus, and pursuing court orders while the bankruptcy is pending.17Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
What It Costs
Federal law sets two fees for families who have never received public assistance. The application fee is capped at $25, and many states cover it. The second is a $35 annual service fee that only applies after the agency has collected at least $550 on the case. States can deduct the fee from collected support (but not from that first $550), charge the applicant, recover it from the non-paying parent, or pay it with state funds.1Office of the Law Revision Counsel. 42 USC 654 – State Plan for Child and Spousal Support Families receiving Temporary Assistance for Needy Families or Medicaid pay no application fee and no annual fee.