Not Paying Child Support: Info for Recipients & Payers

In the U.S. and Canada, nearly every child custody case or divorce with kids results in a child support order. But, of course, it doesn't always get paid as ordered.

Here's what the recipient (aka payee) can do if they aren't getting paid and what the payer can do to stop or lower payments.

Keep in mind that child support in Australia, Ireland, the U.K. and other countries works somewhat differently.

What to do if the other parent is not paying child support

Before you have problems, start using a parenting expense tracker to record child support payments. (If you missed the boat, start as soon as possible.) Payment logs can be strong evidence in court, even if a government agency is monitoring payments. You can also track expenses you're supposed to split with the other parent, like medical bills.

When the payer misses payments, contact the local agency in charge of child support enforcement (e.g., the Department of Child Support Services in California or the Family Maintenance Enforcement Program in Canada). It may already know about the issue, but reaching out doesn't hurt.

You can also contact a lawyer. They might advise you to file for contempt of court if you've exhausted other options.

Don't deny your co-parent their time with the child as retribution for missed payments. This could get you in trouble, and it will deprive your child.

Does the state pay child support if the other parent doesn't?

No, but a state agency will help you recoup child support you're owed. It can help locate the other parent and start the processes to seize their assets, withhold their tax refunds and more.

If you need financial help in the meantime, you can apply for social support from the government, such as Temporary Assistance for Needy Families.

Does the state pay child support if the other parent is in jail?

No. Each state's approach to child support during a parent's incarceration is different, but no state pays on behalf of a father or mother in jail.

Generally, when a payer goes to jail or prison, they can ask for a child support modification. If they don't have sufficient income or assets, a judge usually lowers the monthly amount. If even that is impossible to pay from jail, the parent may be temporarily exempted from missed payment penalties — but they'll have to make up the missed payments once they get out.

California automatically stops child support obligations when a payer is incarcerated for more than 90 days (except when the payer has enough money or assets). The payments start up again at the same amount when the parent is released.

Stop paying child support (legally)

There are a couple of ways to stop paying child support legally.

First, you can stop paying once your child becomes ineligible for child support (perhaps due to their age, getting married, etc.). Make sure the state is aware and on board.

Second, you can apply for a child support modification. This usually only changes your child support amount, but it could stop your obligation in rare cases, like if you've gained sole physical custody or married your co-parent.

You cannot agree privately with the other parent to stop paying; this is because you have to follow your court orders once they've been issued. However, you can present the court with an agreement to stop child support and see if the court approves.

How to avoid paying child support

Since child support is designed to benefit your child (and leave you with enough money to support yourself), you shouldn't try to avoid child support altogether.

However, you should make sure the support you pay is fair. Here are a few ways to do that:

• Calculate your exact parenting time. (Many times, knowing your parenting time can lower your payment.)
• Provide accurate financial data.
• Hire a lawyer to plead your case.
• If you're having difficulty paying, contact the local child support agency for options, such as a payment plan.

The court usually recognizes when a parent is trying to manipulate the situation, say by lying about their income or fighting for full custody to avoid child support. This could backfire on you and harm your child, so honesty is the best approach.

Can you go to jail for not paying child support?

Yes, but it's rare. Parents who fail to pay child support as ordered more often face penalties like:

• Late fees
• Credit bureau reporting
• Paycheck garnishment
• Placement of liens on property
• Asset seizure
• Tax return withholding
• License suspension (professional licenses, driver's licenses, etc.)

Tracking child support and expenses

Remember that a child support order is legally binding and must be taken seriously.

Whether you're paying or receiving support, the Custody X Change app can help you keep track of payments. Log details of every one into your expense tracker to ensure you're sticking to the court order.

You can also track other child-related expenses and print an invoice if the other parent needs to reimburse you.

Custody X Change keeps you on top of all aspects of child custody, including payments and expenses.