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]
| Tool | What happens | Legal basis |
|---|---|---|
| Income withholding | Support is taken directly from wages and other income | 42 U.S.C. § 666(a)(1), (b)[1] |
| Tax refund offset | Past-due support is withheld from federal tax refunds | 42 U.S.C. § 664[2] |
| Liens | Liens arise by law on real and personal property for overdue support | 42 U.S.C. § 666(a)(4)[1] |
| Credit reporting | The parent’s name and overdue amount are reported to credit bureaus | 42 U.S.C. § 666(a)(7)[1] |
| License suspension | Driver’s, professional, occupational and recreational licenses can be withheld or suspended | 42 U.S.C. § 666(a)(16)[1] |
| Passport denial | Arrears over $2,500 lead to refusal, revocation or restriction of a passport | 42 U.S.C. § 652(k)[3] |
| Federal prosecution | Willful failure to pay for a child in another state, past set limits | 18 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]
| Situation | Maximum 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 $10,000 | Fine 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 conviction | Mandatory 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]
General information, not legal advice. Enforcement details, interest and contempt rules differ by state. Contact your state child support agency or a licensed attorney. See our legal disclaimer.
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
- 42 U.S.C. § 666, Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
- 42 U.S.C. § 664, Collection of past-due support from federal tax refunds
- 42 U.S.C. § 652(k), Denial of passports for nonpayment of child support
- 18 U.S.C. § 228, Failure to pay legal child support obligations
- Texas Family Code, Chapter 156 (Modification), § 156.401
- Section 61.30, Florida Statutes: child support guidelines
- Family Code § 3651 (modification or termination of support)