What Happens if You Fall Behind on Child Support Payments?~ 4 min read

If you fall behind on child support payments, you can face serious enforcement actions including wage garnishment, suspension of licenses, court contempt, and even jail time. You also have options to request a child support modification if your financial situation has changed, but you must act quickly to protect yourself.

Understanding Enforcement Actions

When you don’t keep up with child support, what happens next depends on whether a government enforcement agency is already handling your case.

If the Division of Child Support Enforcement (DCSE) is already involved, they will take action. They can set up a wage withholding from your paycheck if one isn’t already in place. They can also pursue actions like garnishing your bank accounts or seizing assets. On top of that, they can pursue suspension of your driver’s license, professional licenses, or your passport to push compliance.

If DCSE isn’t already helping, the parent who should be receiving support can ask for their help by enrolling with the state agency. Once enrolled, all of those enforcement actions become available.

Another option is directly filing a wage withholding with the court or asking the court to hold you in contempt of court. If the other parent files a motion for contempt because you are not paying as ordered, the judge will give you a chance to pay what you owe. But if you ignore court orders, you will eventually be incarcerated until you make payments. Judges will often let you out on work release so you can earn money to support your child while serving time.

Financial Consequences of Falling Behind

Falling behind does not just trigger enforcement actions. The amounts you owe, called arrears, continue to grow and may incur interest. This can include additional collection steps:

• Interception of tax refunds to cover owed support
• Liens on property until the debt is paid
• Negative credit reporting, which can hurt your ability to get loans or housing
• Garnishment of other income sources or benefits to satisfy unpaid support

What You Can Do If Your Circumstances Change

Life changes. If you lose your job, switch to a lower-paying job, or suffer a financial setback, you always have the ability to file a child support modification request or motion to modify. You may be able to file this through the Division of Child Support Enforcement or may need to do so in court. Child support can only be modified if there are changed circumstances so substantial and continuing to make the terms of the original judgment unreasonable.   

One obvious example is job loss. You should consider filing a motion to modify as soon after your income changes as possible. That way, the court will look at your new circumstances. The order can only be changed from the date you file or the date the other parent is served, it cannot be retroactive beyond the filing date.

Why Wage Withholding Matters

In many states, child support is paid automatically through a wage withholding from your paycheck. This is the default method because the law usually presumes that your employer will deduct child support directly. The only way you don’t have automatic withholding is if you both agreed not to and the court allows it.

With a wage withholding, your payments are documented and there is less confusion about whether you made a payment which can protect you if questions arise later.

Contact Family Ally

If you have questions or need legal assistance regarding child support, child custody or any other family law matter, please contact Jennifer Piper at 314-449-9800 to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

Frequently Asked Questions

1. What happens first when I start missing payments?
If you are enrolled with a child support enforcement agency, they will set up a wage withholding and begin other collection actions like garnishments or license suspension.

2. Will missing a payment get me arrested right away?
Missing a payment does not automatically lead to jail time. Enforcement tools like a wage garnishment and license suspension are used first before more dramatic steps are deemed necessary.

3. Can I lower my child support if I lose my job?
Yes. You can file a child support modification request based on a change in your financial situation. You should file that request promptly after your income changes because the court can only modify support from the date you file or are served, not before.