What Happens When Child Support Is Not Paid?

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

Unpaid child support becomes arrears that the state can collect aggressively. Tools include automatic wage withholding, intercepting federal and state tax refunds, suspending driver's and professional licenses, denying passports when arrears exceed $2,500, reporting to credit bureaus, liens on property and contempt of court. Parents who cannot pay should ask the court to modify the order rather than stop paying.

Federal law requires every state to have strong child support enforcement procedures (42 U.S.C. 666). Once support goes unpaid, the state child support agency can use many of them without a new court hearing.

Enforcement tools

Tool How it works
Income withholding Support is taken directly from paychecks; required for most new orders
Tax refund offset Federal and state tax refunds can be intercepted for past-due support (42 U.S.C. 664)
License suspension Driver's, professional, occupational and recreational licenses can be suspended (42 U.S.C. 666)
Passport denial The State Department denies passports when arrears exceed $2,500 (42 U.S.C. 652(k))
Credit reporting Arrears can be reported to credit bureaus
Liens Liens on real estate, vehicles and other property
Bank account levies Seizure of funds through financial institution data matches
Contempt of court Fines or jail for willful nonpayment
Criminal charges In serious cases, state or federal charges for willful failure to pay

Many states also charge interest on arrears.

For the parent owed support

  • Contact your state child support agency; enforcement services are available to any parent who applies.
  • Keep records of every payment received.
  • You can also hire a private lawyer to file contempt or other enforcement motions.

For the parent who cannot pay

  • Do not stop paying without a court order. Federal law prevents courts from retroactively reducing past-due support, so arrears generally remain owed (42 U.S.C. 666(a)(9)).
  • File for modification immediately after losing a job or a major income drop.
  • Pay what you can and keep proof.
  • Ask the agency about payment plans and license reinstatement options.

Custody is separate

Unpaid support does not allow the other parent to deny court-ordered visitation, and denied visitation does not allow stopping support. Each issue must be raised with the court.

See do child support arrears ever go away and talk to a family lawyer about enforcement or modification.

Sources

  1. Cornell Law School LII: 42 U.S.C. 666, Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
  2. Cornell Law School LII: 42 U.S.C. 652(k), Denial of passports for nonpayment of child support
  3. Cornell Law School LII: 42 U.S.C. 664, Collection of past-due support from federal tax refunds

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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