If he doesn’t pay child support, the state can garnish up to 65% of his paycheck, drain his bank accounts, intercept his tax refunds, put liens on his property, suspend his driver’s and professional licenses, deny him a passport, report the debt to credit bureaus, jail him for contempt, and in interstate cases hand the case to federal prosecutors. The debt keeps accruing interest in most states, cannot be wiped out in bankruptcy, and generally cannot be reduced for any period that has already passed. You can set most of this in motion by applying with your state’s child support enforcement agency, by filing a contempt motion in the court that issued the order, or both at once.
Wage Garnishment Comes First
Income withholding is the workhorse of child support enforcement. The employer deducts the support directly from the paycheck before the money reaches the parent’s hands. Federal law caps the deduction based on his situation:
- 50% of disposable earnings if he is supporting another spouse or child.
- 60% of disposable earnings if he is not.
- An additional 5% on top of either figure once payments are more than 12 weeks overdue, raising the ceiling to 55% or 65%.
Disposable earnings means gross pay minus legally required deductions like taxes and Social Security. Voluntary deductions such as 401(k) contributions or health insurance premiums do not shrink the garnishable amount.1Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
Tax Refunds, Bank Accounts, and Property Liens
Enforcement agencies can place liens on real estate, vehicles, and other property, which blocks any sale or refinance until the arrears are paid. They can levy bank accounts directly and pull funds without waiting for him to write a check.
The Federal Tax Refund Offset Program is one of the most effective collection tools in the system. If you have received public assistance, his federal refund can be intercepted once arrears reach $150. If you have not, the threshold is $500.2Administration for Children & Families. When Is a Child Support Case Eligible for the Federal Tax Refund Offset Program? State refunds can be intercepted too.
License Suspension and Passport Denial
Every state is required to have procedures for suspending the driver’s license, professional license, and recreational licenses of parents who fall behind. For self-employed parents or those in licensed fields like cosmetology, contracting, law, or medicine, losing the professional license shuts down the ability to earn until the debt is addressed.
A parent who owes $2,500 or more in arrears cannot get a U.S. passport.3U.S. Department of State. Pay Child Support Before Applying for a Passport The State Department denies new applications and can revoke an existing passport when it’s turned in for routine service like a renewal or added pages. Once his name is in the denial system, it stays there even if the balance later falls below $2,500; the state agency has to take affirmative steps to clear it.4Administration for Children and Families. Passport Denial Program 101
Credit Damage and Interest
States are required to report delinquent child support to credit bureaus after giving the parent notice and a chance to contest accuracy.5Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures A delinquency can stay on a credit report for up to seven years, which complicates loans, rentals, and employer background checks.
Roughly two-thirds of states also charge interest on overdue support. Rates run from about 4% to 12% per year, with some states using variable rates tied to Treasury yields or Federal Reserve benchmarks. A handful of states apply monthly rates that work out to 12% or 18% annually. The interest accrues automatically in many states, with no additional court action required, which is how a parent a few months behind can be buried in debt years later even after resuming current payments.
If He’s on Disability or Government Benefits
Being out of work or on disability does not protect him. Federal law authorizes withholding from Social Security retirement and disability (SSDI), federal pensions and retirement benefits, veterans’ disability compensation in certain circumstances, workers’ compensation, and Railroad Retirement benefits.6Office of the Law Revision Counsel. 42 USC 659 – Consent by United States to Income Withholding SSDI can be garnished once a court issues a withholding order.7Social Security Administration. Can My Social Security Benefits Be Garnished or Levied? Unemployment benefits are reachable in many states too, though usually at a lower cap than wages.
Supplemental Security Income is the exception. Because SSI is a need-based program rather than a benefit earned through work, federal policy exempts it from child support garnishment entirely.8Administration for Children and Families. Garnishment of Supplemental Security Income Benefits If SSI is his only income, that money is off limits, though the arrears continue to accumulate and remain collectible against anything else he has.
Contempt of Court and Jail Time
When administrative tools don’t bring him into compliance, a judge can hold him in contempt. You or the enforcement agency files a motion asking the court to find that he willfully disobeyed the support order. Willfulness is the pivot point. A parent who genuinely cannot pay because of disability or involuntary job loss has a defense; a parent who has money and chooses not to pay does not.
A finding of civil contempt lets the court order compliance on a specific payment schedule and jail him if he misses it, with release conditioned on payment or a credible showing of inability to pay. Criminal contempt punishes past disobedience with a fixed jail sentence or fine regardless of whether he later catches up. Courts can also order him to cover your attorney fees and court costs for bringing the action.
Federal Criminal Prosecution
Most enforcement runs through state agencies and family courts. But if the child lives in a different state from him and the debt is large enough, nonpayment becomes a federal crime. The statute sets two tiers:
- Misdemeanor: willfully failing to pay for a child in another state when the debt has been unpaid for more than a year or exceeds $5,000. A first offense carries up to six months in federal prison.
- Felony: willfully failing to pay for more than two years, owing more than $10,000, or crossing state lines to evade the obligation. The ceiling rises to two years in prison.
A second misdemeanor conviction is charged as a felony. On top of prison time, federal courts must order restitution equal to the full unpaid support at sentencing.9Office of the Law Revision Counsel. 18 USC 228 – Failure to Pay Legal Child Support Obligations
Bankruptcy Won’t Erase What He Owes
If he files bankruptcy, the child support debt survives. Federal bankruptcy law specifically lists domestic support obligations as nondischargeable in both Chapter 7 and Chapter 13.10Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge The filing also does not pause collection. The automatic stay that normally halts creditor action contains broad carve-outs for support, so wage garnishment, tax refund intercepts, credit reporting, and license suspensions continue as if no bankruptcy had been filed.11Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
If He Moves to Another State
Relocation is not an escape. Every state, the District of Columbia, and U.S. territories are required to follow the Uniform Interstate Family Support Act, which keeps the original order in force and requires other states to enforce it. If he moves, your state’s agency can send the case to his new state, which then applies its own tools: wage withholding, license suspension, bank levies. States can also exercise long-arm jurisdiction over a non-resident parent with qualifying ties to the state. Federal databases help locate him through IRS, Social Security, and other federal records.
If He Dies Before Paying
Unpaid support does not disappear at death. In most states, arrears become a debt of his estate, and you or the enforcement agency can file a claim in probate court against estate assets. A support lien recorded on real property before his death typically survives and must be cleared before the property passes to heirs. Future support ends because the court order no longer has a living obligor, but anything already accrued remains collectible.
How to Get Enforcement Started
You have two tracks, and you can run both.
The first is your state child support enforcement agency. Most states accept applications online. The agency can locate him through federal databases, set up income withholding with his employer, intercept tax refunds, place liens, suspend licenses, and refer the case for passport denial or criminal prosecution. Much of this happens administratively, meaning the agency acts on its own authority without going back to a judge for each step. For self-employed parents or those who work for cash, the agency uses bank levies, property liens, lottery intercepts, and criminal referrals.
The second track is a contempt motion filed with the court that issued the original order. The clerk of court can give you the form. You’ll need a certified copy of the support order, a detailed payment history showing what was due and what was paid, and as much identifying information about him as you can gather: full name, date of birth, Social Security number, last known address, and current or most recent employer. The court will set a hearing where a judge decides whether the nonpayment was willful.
Both tracks can proceed at the same time. An agency can be garnishing wages and intercepting refunds while a judge separately considers contempt sanctions. If he has moved out of state, the agency coordinates with the enforcement office where he now lives under UIFSA.
Why Acting Quickly Matters
Every child support payment becomes a legal judgment the moment it comes due, and no court can retroactively reduce or forgive it.5Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures Even if he eventually goes to court and asks for a modification because of a job loss or illness, the reduction only takes effect from the date he filed the petition, not from the date his income changed.12eCFR. 45 CFR 303.106 – Procedures to Prohibit Retroactive Modification of Child Support Arrearages Every month you wait to start enforcement is a month of arrears locked in, growing with interest in most states, and recoverable through every tool above.