Enforcement tools and penalties

What happens if you don't pay child support?

If you don't pay child support, the unpaid amount becomes arrears and the state can take it from your paycheck, intercept your federal tax refund, put liens on property, report you to credit bureaus and suspend licenses; owing more than $2,500 blocks a U.S. passport, and in interstate cases federal charges are possible.

Child Support by State editorial teamUpdated 7 sources

What happens if you don't pay child support: the enforcement tools

Every state must have these enforcement procedures under federal law, so the same tools exist nationwide; the state child support agency uses them when support goes unpaid.[1]

Federal enforcement tools for unpaid child support
ToolWhat happensLegal basis
Income withholdingSupport is taken directly from wages and other income42 U.S.C. § 666(a)(1), (b)[1]
Tax refund offsetPast-due support is withheld from federal tax refunds42 U.S.C. § 664[2]
LiensLiens arise by law on real and personal property for overdue support42 U.S.C. § 666(a)(4)[1]
Credit reportingThe parent’s name and overdue amount are reported to credit bureaus42 U.S.C. § 666(a)(7)[1]
License suspensionDriver’s, professional, occupational and recreational licenses can be withheld or suspended42 U.S.C. § 666(a)(16)[1]
Passport denialArrears over $2,500 lead to refusal, revocation or restriction of a passport42 U.S.C. § 652(k)[3]
Federal prosecutionWillful failure to pay for a child in another state, past set limits18 U.S.C. § 228[4]

These are minimums: states can add their own enforcement rules on top, so check your state child support agency for what applies where the order was issued.

Can you get a passport if you owe child support?

Not if you owe more than $2,500: once a state certifies arrears above that amount, the State Department refuses to issue a passport and may revoke or restrict an existing one.[3] To clear the way for a passport, the arrears have to be resolved with the state agency that certified them.

When unpaid support becomes a federal crime

Willfully failing to pay support for a child who lives in another state is a federal crime when the debt has been unpaid for more than one year or is over $5,000; it becomes a more serious offense after two years or over $10,000, or when a parent moves between states to evade support.[4]

18 U.S.C. § 228 thresholds and penalties
SituationMaximum penalty
Unpaid more than 1 year, or more than $5,000 (first offense)Fine and up to 6 months in prison
Unpaid more than 2 years, or more than $10,000Fine and up to 2 years in prison
Travelling between states to evade support (over 1 year or $5,000)Fine and up to 2 years in prison
Any convictionMandatory restitution of the full unpaid amount

The court presumes that a parent under a support order was able to pay during that period; the parent can try to rebut it.[4]

If you can't pay: ask to change the order

The most important step when income drops is to ask for a modification right away, because support that comes due before you file is usually still owed in full. California, for example, does not let a court reduce support for amounts that came due before the request to modify was filed.[7]

  • Agency review. In cases the state agency handles, either parent can ask for a review and adjustment every three years.[1]
  • Texas. A court can modify when circumstances have materially and substantially changed, or after three years if the guideline amount differs by 20% or $100.[5]
  • Florida. A guideline difference of at least 15% or $50, whichever is greater, counts as a substantial change.[6]

To see what a new guideline amount would be, use the child support calculator by state; the Texas and Florida calculators include the modification tests. Child support payments have no tax effect, as explained in is child support taxable.

What the other parent can do

A parent who is owed support can ask the state child support agency to enforce the order; agencies use the tools above.[1] Federal tax refund offsets and passport denials are triggered by the state’s certification of the debt.[2][3]

Frequently asked questions

Can you go to jail for not paying child support?

Yes, in some cases. Willfully failing to pay support for a child in another state is a federal crime once the debt is over $5,000 or more than a year old, with up to 6 months in prison for a first offense and up to 2 years in more serious cases. State law can add its own penalties.

How much child support do you have to owe to lose your passport?

More than $2,500. The state certifies the debt, and the State Department refuses or restricts the passport.

Can they take my tax refund for child support?

Yes. Past-due support certified by the state agency is withheld from federal tax refunds under 42 U.S.C. § 664.

Does unpaid child support go away?

No. Unpaid support remains owed as arrears, and courts generally cannot reduce amounts that came due before a request to modify was filed.

Sources

  1. 42 U.S.C. § 666, Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement · U.S. Code (GovInfo), 2023 edition
  2. 42 U.S.C. § 664, Collection of past-due support from federal tax refunds · U.S. Code (GovInfo), 2023 edition
  3. 42 U.S.C. § 652(k), Denial of passports for nonpayment of child support · U.S. Code (GovInfo), 2023 edition
  4. 18 U.S.C. § 228, Failure to pay legal child support obligations · U.S. Code (GovInfo), 2023 edition
  5. Texas Family Code, Chapter 156 (Modification), § 156.401 · Texas Legislature, current through the 89th Legislature (2025)
  6. Section 61.30, Florida Statutes: child support guidelines · Florida Legislature, 2026 edition
  7. Family Code § 3651 (modification or termination of support) · California Legislative Information, current text