Child Support Enforcement Guide
Not getting your child support? Fight back.
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For informational purposes only — not legal, financial, or medical advice.
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Optional — helps us estimate arrears
Frequently Asked Questions
How much of the other parent's paycheck can be garnished for child support?
Federal law allows up to 50% of disposable earnings if the noncustodial parent is supporting another spouse or child, and up to 60% if they are not. If they are more than 12 weeks behind, those limits increase by 5 percentage points (55% or 65%). These limits are higher than for regular consumer debt.
How do I get the state child support enforcement agency involved?
Contact your state's child support enforcement office — the service is free. You can find your state's office through the federal OCSE locator at acf.gov/css. They can help establish a support order, locate the noncustodial parent, and enforce payment through wage garnishment, tax intercepts, license suspension, and more.
Can child support arrears affect the other parent's passport?
Yes. Under federal law (42 USC 652(k)), the State Department will deny or revoke a passport when the noncustodial parent owes more than $2,500 in child support. This is automatic once the state enforcement agency certifies the case to the federal Office of Child Support Enforcement.
What if the other parent is self-employed or hides income?
State enforcement agencies have tools beyond wage garnishment. They can intercept tax refunds, place liens on property, freeze bank accounts through the Financial Institution Data Match program, suspend licenses, and pursue contempt of court. Self-employment does not shield someone from these enforcement actions.
Do I need a lawyer to enforce a child support order?
No. State child support enforcement agencies provide these services for free. However, for complex situations — such as a contempt motion, modification requests, or interstate cases — consulting a family law attorney can be helpful. Visit LawHelp.org to find free legal aid in your state.
Can the other parent go to jail for not paying child support?
A court can hold a noncustodial parent in contempt for willfully failing to pay child support, which can result in fines or up to 6 months in jail. However, the Supreme Court ruled in Turner v. Rogers (2011) that courts must determine whether the parent actually has the ability to pay before imposing jail time. Inability to pay is a valid defense.
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