👨👩👧 How to Collect Child Support Arrears
A Complete Guide to Locating Non-Custodial Parents and Enforcing Child Support Orders — Government Remedies, Private Collection, and Skip Tracing Strategies — 2025
📑 What This Guide Covers
📊 Understanding Child Support Arrears
Child support arrears (also called child support arrearages or back child support) are unpaid child support obligations that have accumulated over time. When a non-custodial parent fails to make court-ordered support payments, the unpaid amounts become arrears — a legally enforceable debt that does not go away, cannot be discharged in bankruptcy, and in most states accrues interest until paid in full. 📊
According to federal data, over $100 billion in child support arrears is owed nationwide, with millions of children affected by non-payment. While the child support enforcement system has powerful tools available, collecting arrears often requires persistence, knowledge of the enforcement options, and — most critically — knowing where the non-custodial parent lives and works. When the parent disappears, all enforcement tools become useless until they are located. 💰
This guide covers both government enforcement channels and private enforcement strategies, with a focus on the role skip tracing plays in making enforcement effective. Whether you are working through the state child support enforcement agency or pursuing private legal action with your own attorney, the starting point is always the same: find the parent, find their employer, and find their assets. 🔍
🚨 Child Support Cannot Be Discharged in Bankruptcy
Unlike credit card debt, medical bills, and most other consumer debts, child support arrears survive bankruptcy — they cannot be discharged under Chapter 7, Chapter 13, or any other bankruptcy chapter. Child support is a priority obligation under federal law, meaning it takes precedence over virtually all other debts. This means that even if the non-custodial parent files bankruptcy, your right to collect child support arrears is fully preserved.
🏛️ Government Enforcement Tools
Every state has a Child Support Enforcement (CSE) agency (often called the IV-D agency, referring to Title IV-D of the Social Security Act) that provides enforcement services — often at no cost or low cost to custodial parents. Government enforcement tools include: 🏛️
Income Withholding
The most common enforcement tool. The CSE agency issues an income withholding order to the non-custodial parent’s employer, directing them to deduct child support from each paycheck — similar to wage garnishment but specific to child support. Up to 50-65% of disposable income can be withheld for child support (higher limits than regular garnishment).
License Suspension
State agencies can suspend the non-custodial parent’s driver’s license, professional licenses, and recreational licenses (hunting, fishing) for failure to pay child support. This is one of the most effective pressure tools because it directly impacts the parent’s ability to work and live normally.
Tax Refund Intercept
The Federal Tax Refund Offset Program intercepts federal and state tax refunds of parents who owe child support arrears. When the non-custodial parent files taxes and is due a refund, the refund is redirected to the custodial parent. Applies to both federal and state refunds.
Passport Denial
Federal law requires the State Department to deny passport applications (and revoke existing passports) for individuals who owe more than $2,500 in child support arrears. This prevents the non-custodial parent from leaving the country.
Credit Bureau Reporting
CSE agencies report child support arrears to the major credit bureaus. This damages the non-custodial parent’s credit score and creates additional motivation to pay — the delinquency shows up on every credit check, affecting the parent’s ability to obtain loans, rent housing, and sometimes even get a job.
Bank Account Seizure
State CSE agencies and courts can issue orders to freeze and seize funds in the non-custodial parent’s bank accounts. Financial institutions are required to comply with these orders, and the seized funds are applied to the arrears balance.
⚖️ Private Enforcement Options
While government enforcement agencies provide essential services, they handle millions of cases and may not prioritize your case as aggressively as you would like. Private enforcement — hiring your own attorney and investigator — provides additional tools and more personalized attention: ⚖️
📌 Contempt of court proceedings. Your attorney can file a motion for contempt, asking the court to hold the non-custodial parent in contempt for willfully failing to pay. Contempt can result in fines, sanctions, and jail time — the threat of incarceration is the most powerful motivator for payment.
📌 Private wage withholding orders. Your attorney can obtain a wage withholding order directly from the court and serve it on the employer, bypassing the sometimes-slow government enforcement system.
📌 Judgment liens on property. Child support arrears can be liened against real property owned by the non-custodial parent — ensuring payment when the property is sold or refinanced.
📌 Asset investigation and seizure. A private asset search identifies the non-custodial parent’s property, vehicles, business interests, and other assets that may be seized or liened.
📌 Debtor examination. A debtor examination (or supplemental proceedings) compels the non-custodial parent to appear in court under oath and disclose all income, assets, bank accounts, and financial information. See our preparation guide.
🔍 Locating the Non-Custodial Parent — The Critical First Step
Every enforcement tool — government or private — requires knowing where the non-custodial parent lives and works. When the parent disappears to avoid support obligations, locating them is the essential first step: 🔍
Professional Skip Trace
A professional skip trace for child support enforcement provides the parent’s current address, phone numbers, and — most critically — their current employer. The employer information is essential because income withholding is the primary enforcement mechanism. Results in 24 hours or less.
Employer Identification
Once you know where the parent works, you can pursue income withholding — which automatically deducts support from each paycheck. For self-employed parents, identifying their business and clients is more complex but equally important.
Asset Discovery
An asset search reveals real property, vehicles, business interests, and other assets owned by the non-custodial parent. These assets can be liened, seized, or used to demonstrate the parent’s ability to pay — undermining any claim that they cannot afford support.
Social Media Investigation
A social media investigation can reveal the parent’s location, lifestyle, employment, and spending habits. Posts showing vacations, new cars, dining out, and luxury purchases directly contradict claims of inability to pay — and can be presented to the court as evidence in contempt proceedings.
🔍 Find the Non-Custodial Parent — We Can Help
Our child support skip tracing services locate non-custodial parents nationwide — current addresses, phone numbers, employer information, and assets. Over 20 years of experience helping custodial parents and family law attorneys enforce support orders. Results in 24 hours or less.
Order Skip Trace Now →💼 Wage Withholding — The Most Effective Collection Tool
Income withholding is the backbone of child support enforcement because it takes the parent’s willingness to pay out of the equation — the employer withholds support directly from each paycheck before the parent even receives the money: 💼
📌 Higher withholding limits than regular garnishment. While regular wage garnishment is limited to 25% of disposable earnings, child support income withholding can reach 50% of disposable earnings (for a parent with another family to support) or 60% (for a parent without other dependents). An additional 5% is allowed if arrears are more than 12 weeks overdue — meaning up to 65% of disposable income can be withheld for child support.
📌 Employer must comply. Employers are legally required to honor income withholding orders. An employer who fails to withhold becomes personally liable for the amounts that should have been withheld.
📌 Works across state lines. Under the Uniform Interstate Family Support Act (UIFSA), income withholding orders can be sent directly to employers in other states — you do not need to re-register the order in the employer’s state first.
🏦 Asset Seizure and Property Liens
Beyond income withholding, child support arrears can be collected through asset seizure and property liens: 🏦
| Enforcement Tool | How It Works | When to Use |
|---|---|---|
| 🏠 Property Lien | Record a lien against real estate — must be paid when property is sold/refinanced | Parent owns real property and arrears are substantial |
| 🏦 Bank Levy | Freeze and seize bank account funds up to the arrears amount | Parent has known bank accounts with sufficient balances |
| 🚗 Vehicle Seizure | Seize and sell non-exempt vehicles to satisfy arrears | Parent owns valuable vehicles above exemption amounts |
| 💳 Tax Refund Intercept | Federal and state tax refunds redirected to custodial parent | Automatic through CSE agency — works annually |
| 🏢 Business Income | Attach business income, accounts receivable, or contracts | Self-employed parent with income flowing through a business |
| 🎰 Lottery/Gambling Intercept | Many states intercept lottery winnings and casino payouts for child support | Automatic in participating states when arrears are flagged |
🗺️ Interstate Enforcement — When the Parent Moved to Another State
When the non-custodial parent relocates to another state, the Uniform Interstate Family Support Act (UIFSA) provides the legal framework for enforcement across state lines: 🗺️
📌 Income withholding can be sent directly. Under UIFSA, you can send an income withholding order directly to the parent’s employer in another state without registering the order in that state first. This is the fastest method for interstate enforcement.
📌 Register the order in the new state. For enforcement actions beyond income withholding (contempt, asset seizure, license suspension), you may need to register your support order in the state where the parent now lives. Registration allows you to use that state’s enforcement tools.
📌 Federal Parent Locator Service (FPLS). The FPLS — operated by the Office of Child Support Enforcement — searches federal databases (IRS, SSA, DOD, VA) to locate non-custodial parents. Your state CSE agency can request FPLS searches on your behalf. This service is powerful but can be slow — a private skip trace typically produces faster results.
⚖️ Contempt of Court — When All Else Fails
When a non-custodial parent willfully refuses to pay child support despite having the ability to do so, contempt of court is the ultimate enforcement tool: ⚖️
📌 Civil contempt. The parent is held in contempt and given a “purge condition” — typically payment of a specific amount. The parent can purge the contempt by making the required payment. If they refuse, the court can impose jail time until they comply.
📌 Criminal contempt. Some states allow criminal prosecution for willful failure to pay child support. Federal law (the Child Support Recovery Act and Deadbeat Parents Punishment Act) makes it a federal crime to willfully fail to pay child support for a child in another state when the amount is over $5,000 or unpaid for more than one year. Penalties include fines and up to 2 years imprisonment.
📌 The key word is “willful.” Courts distinguish between parents who cannot pay (due to disability, unemployment, or genuine inability) and parents who choose not to pay despite having the means. This is where asset searches and social media evidence are critical — evidence that the parent earns income, owns assets, or enjoys a comfortable lifestyle while claiming inability to pay supports a finding of willful non-compliance.
🛡️ Protecting Your Rights as a Custodial Parent
To maximize your ability to collect arrears, take these steps: 🛡️
📌 Keep detailed records. Document every payment received (and every payment missed), every communication with the non-custodial parent, and every enforcement action taken. This creates the evidence trail courts need to hold the parent accountable.
📌 Report changes promptly. If you learn that the non-custodial parent has a new job, new address, or new assets, report this information to your CSE agency and your attorney immediately. Timely information leads to timely enforcement.
📌 Do not accept modifications without court approval. Only the court can modify a child support order. If the non-custodial parent asks to pay less or skip payments, do not agree informally — any modification must go through the court. Otherwise, the full amount continues to accrue as arrears regardless of any informal agreement.
📌 Act quickly. While child support arrears do not expire (unlike most debts, there is generally no statute of limitations on child support arrears), enforcement is most effective when the parent has identifiable income and assets. People who are avoiding support today may be harder to find and less financially accessible tomorrow.
❓ Frequently Asked Questions
📚 Related Resources
📋 Disclaimer
This guide is for educational and informational purposes only and does not constitute legal advice. Child support enforcement laws and procedures vary by state. Consult with a licensed family law attorney in your jurisdiction for specific guidance on collecting child support arrears. People Locator Skip Tracing provides professional skip tracing and investigation services for child support enforcement — we do not provide legal advice or legal representation. Information current as of 2025.
