How It Works

Custodial parents

Although the majority of custodial parents are mothers, anyone with custody of a child can sign up for child support services (e.g., mother, father, grandparents, or legal guardian).

Noncustodial parents

A parent whose child does not live with them (or does not live with them the majority of the time) can apply for child support services to establish legal parentage. Having an order in place ensures the noncustodial parent has an official record of child support payments.

Public assistance (TANF) recipients

People receiving assistance under the Temporary Assistance for Needy Families (TANF) program, Medicaid, and federally assisted foster care programs may be referred to the child support program for services. Any child support collected will be used to help support children, either going directly to the you, the custodial, or to repay the state for your assistance grant.

If you are a parent who is required to cooperate with the state or local child support office because you receive public benefits, and you are afraid that cooperating with them may put you or your children at risk of physical or emotional harm from the other parent or party to the case, it’s important to voice your concern. Cooperation will not be required when a parent has good cause. Each state has different processes for determining good cause. See Child Support When You’re Afraid of the Other Parent.

Sign up for child support

You can sign up for child support through any local, state, or tribal child support office. 

If you’ve applied for services with an attorney, they can work with the child support office. For best results, the attorney and child support staff should coordinate their efforts to prevent service duplication and conflicting enforcement decisions. 

If you think you or your child would not be safe if you decide to pursue child support, you can talk with your caseworker about not naming or wanting to locate the other parent. There are  safeguards in place to protect you, such as a family violence indicator, that can be placed in your case records to prevent releasing your personal information. The National Domestic Violence Hotline is another service that can give you the information and support you may need. That phone number and more information can be found on OCSS’s Family Violence website.  

Documents needed 

While the child support office will not share your contact information with the other parent or party, your address and other personal information may appear on court documents or other legal documents. If you have concerns about your contact information being on these documents, you should talk with your child support caseworker about how that information can be protected before opening a case.

Information needed:

• Birth certificates of children 
• Your child support order, divorce decree, or separation agreement if you have one 
• Records of any child support payments
• Information about your income and assets 
• Information about your expenses (your child’s health care, day care, or special needs)

Fees

The child support agency can charge an application fee of up to $25. Some states absorb all or part of the fee or collect it from the noncustodial parent.

Parents who are not in a public assistance program could have other costs:

• Cost of legal work done by agency attorneys
• Cost of establishing parentage
• Cost of locating a noncustodial parent
• A $35 annual collection fee charged after the state has collected and disbursed $550 in a given year. This fee is charged to the either the custodial or noncustodial parent, depending on the state.

Note: States have the option to pay the fee or take it out of the child support collection. Your local child support office can tell you about its practices.

Finally, there may be extra costs if more than one court (or administrative office) is handling your case. Ask your caseworker to estimate these costs, if any.

The child support office can help you find the other parent to establish or enforce a child support obligation if they get enough information to work on your case effectively. The child support office doesn’t routinely share contact information but may contact employers, courts, or other parties to locate the other parent. 

Information needed about the other parent:

• Name and address
• Social Security number (you can find it on these documents): 
  • Driver's license
  • Occupational and recreational licenses
  • Marriage license
  • Divorce record
  • Support order 
  • Parentage determination or acknowledgement
  • Death record
  • Joint tax return 
• Name and address of current or recent employer 
• Names of friends and relatives
• Names of organizations that they might belong to (unions, local and professional organizations)
• Information about their income and assets (pay slips, tax returns, bank accounts, investments, or property holdings) 
• Physical description or photograph, if possible

The child support office has procedures for getting this information, including requesting a court order for information about the other parent’s financial information (bank accounts, insurance policies, credit cards, pay slips, or income tax returns) and using state and federal parent locator services to get a Social Security number or sources of income.

When the child support office locates the other parent, they will verify the address (home or work) and take the next step, which may include requesting the other parent to contact the child support office. In most cases, they will locate the other parent’s employer and send an Income Withholding Order. If the employee no longer works there, the employer should alert the child support office.

Using the State or Federal Parent Locator Service

Your child support office will use the State Parent Locator Service (SPLS) to do a search. This is an automated process in most states. The SPLS will check the records of state agencies, such as the motor vehicle department, state workforce agency, state revenue department, law enforcement agencies, and correctional facilities. If the SPLS finds the other parent has moved to another state, it can ask the other state to search and send a request to the Federal Parent Locator Service (FPLS). A state can initiate a search to another jurisdiction and to the FPLS at the same time. 

The FPLS matches child support case data with data in the Federal Case Registry and with the employment data in the National Directory of New Hires. The FPLS also has access to information from other federal agencies. The information found is returned to the state(s) for processing.

Using an attorney

You or your attorney can submit a request to use the FPLS through the local or state child support agency. 

Military parent

The FPLS can provide the current duty station, address, and financial information of a parent who is in the uniformed services. See more information at the Defense Finance and Accounting Service website . 

Missing father 

If the alleged father fails to respond to a formal, properly served notice, a default judgment that establishes paternity may be entered in court. A court order for child support may also be issued. (See Receiving Notice in the next section). 

It is difficult to enforce child support payments when the noncustodial parent intentionally moves to avoid paying. State and federal parent locator services can be used to help find them. Inform your caseworker as soon as possible if you learn that the parent has moved or has a new job. All states are required to have a State Directory of New Hires, and employers are required to report any new employees within 20 days of hiring. The directory helps locate the parent quickly if they get a new job.

Benefits 

In addition to providing a basis for child support payments, establishing parentage—who the other parent is—can provide important emotional and social ties between the other parent and their child.

Once parentage is legally established, your child gains legal rights that could include:  

• Inheritance rights 
• Social Security benefits
• Veterans’ benefits
• Life insurance benefits 
• Birth father’s medical history     
• Information needed to establish parentage

The caseworker needs as much information as you can provide about the alleged parent, the facts about your relationship with the other parent, and the birth of your child. Some of these questions may be personal, so child support agencies must keep the information confidential. 

The caseworker will also want to know whether the alleged parent ever provided financial support or acknowledged in any other way—through letters or gifts—that they were the child’s parent. 

Once parentage is established and it’s necessary to establish a child support order, a child support caseworker will discuss the child’s financial and medical needs and the required payment according to child support guidelines with the noncustodial parent. If a court issues a child support order, it may also include the terms of custody, visitation, and other parental rights.

Receiving notice

What constitutes “proper service” of a notice is determined by the state or tribe. It may be in the form of a registered letter, a notice delivered to the alleged parent’s legal residence, or even a notice published in the newspaper. If you received a notice naming you as the parent of a child with information about attending a hearing, contacting the child support agency or other tribunal, or taking any action, it is very important to follow the directions on the notice. 

Acknowledging paternity

States offer men the opportunity to voluntarily acknowledge that they are the birth father. Forms are available at the hospital or from the state vital records agency. More information is available from the child support agency.

If you received a notice about a paternity hearing but did not appear, it’s important to immediately contact the child support office in the state or tribe where parentage was established to resolve the matter. If paternity was established by fraud, duress, or material mistake of fact, it may be possible (depending on state or tribal law) to challenge the finding. If in doubt, contact the appropriate child support agency to see how to request genetic (DNA) testing. There are also circumstances in which the alleged father is misidentified (e.g., if names are closely similar). The best information about resolving this will come from the state or tribal child support agency if it was not provided in the notice that you received.

If you are unsure that you are the birth father of a child, you can request a DNA test. The child and the alleged father take the test at the request of either party—the alleged father, mother, or the child support agency. If the state or tribe orders the tests, they can charge the parties for the cost. If either the alleged father or mother disputes the original test result, he or she can request and pay for a second DNA test through the state or tribe.

If you are the mother and not sure who the birth father is, more than one man may be required to take a DNA test. These tests are very accurate to determine the birth father.

Military parent

A military parent can apply for child support services at the local child support office. If they are willing to sign documents to acknowledge parentage/paternity and agree to support, the child support office can start the process for a withholding order. If the parent is on a naval ship or lives on a military base abroad and will not acknowledge parentage, it may be necessary to wait until they return to the United States to request a DNA test or other procedures to determine parentage. Learn more about how the child support program can help military and veteran parents. 

Unemployed parent

Establishing legal parentage/paternity now, while the parent is unemployed, will make collecting child support a lot easier when they become employed later, even if the order for support is minimal. Aside from establishing a financial commitment, establishing parentage/paternity can foster a personal relationship between the parent and child. 

Minor parents

Some states and tribes have laws enforcing child support obligations regarding minor parents. If a custodial parent is receiving TANF assistance, the parents of the noncustodial minor parent may be responsible for paying child support. Check with your child support agency to see if it enforces “grandparent liability.” 

Ensuring the ability to pay

Child support orders should be fair to both parents. All states have child support guidelines—a calculation of how much a parent should contribute to the child’s financial support. States must use the guidelines unless it’s determined that doing so is not in the best interest of the child. The guidelines consider the needs of the child, other dependents, and the ability of the parents to pay. 

Note: Either parent can request a review of their order at least every three years or whenever there is a substantial change of circumstances to ensure the order remains fair.

Determining income and assets

The caseworker will make every possible effort to identify and verify the parent’s employment and any other sources of income or assets before the support order is final. The state child support agency has access to financial institution data, such as bank accounts and credit bureau data, which may provide information about employers and assets. 

Under certain situations, the FPLS may provide financial information about the parent’s earned and unearned income, such as interest payments and unemployment income. In addition, employers are required to report their new hires to the state. 

Some child support agencies base their guidelines on both parents’ incomes (an income-share model), some only on the income of the noncustodial parent (a percentage model). In the models based only on the noncustodial parent’s income, it is presumed that the custodial parent is contributing toward the child’s needs by providing care, food, clothing, and shelter. When one or both parents have high incomes, the court may decide that strict application of the guidelines is not in the best interest of the child. Such a decision may cause a higher and more appropriate support amount than the amount recommended by the guidelines. 

Medical support (health insurance)

The state child support agency must petition the court to include medical support in any child support order (that is, when employment-related or other group health insurance is available to the noncustodial parent at a reasonable cost). If, however, a custodial parent has access to better health care coverage, the support order may include that coverage instead and increase the noncustodial parent’s payment to adjust for the custodial parent’s health care costs. 

States must have laws that make medical support enforcement easier. For example, insurers can no longer refuse to enroll a child in a health care plan because the parents are not married or because the child does not live in the same household as the insured parent. In addition, child support agencies can require an employer to include a child on a medical insurance plan if the noncustodial parent does not voluntarily enroll the child. The law provides that custodial parents can obtain information about coverage directly from an insurer, submit claims directly to the insurer, and be reimbursed directly by an insurer. If the noncustodial parent provides health insurance coverage, notices with an Explanation of Benefits (EOB) will be sent to them when a covered child receives care. While the EOB notices do not include the child’s address, they will include information on the provider’s location.  

Note: Existing court orders can also be modified to include health care coverage. For specific information about these laws in your state, contact your local child support office. 

Either parent or custodial party can ask to have a child support order reviewed at least every three years or whenever there is a significant change of circumstances to make sure that the order remains current. When parents have a significant change in their financial situation, and they have a case with a child support agency, it is important to contact that child support agency as soon as possible to make sure that the child support order accurately reflects the new circumstances. (For more information, refer to Changing a Child Support Order (PDF).)

Examples of significant change of circumstances are:

• Changes in income of the noncustodial parent (incarceration, job promotions, or decreased income due to poor health or earning ability) 
• The noncustodial parent’s assets
• Custodial parent’s financial situation (considered in many states) 
• Any special needs of the child 
• If the child leaves school or becomes employed

If your case does not meet the state’s standards for review because the order has been reviewed within your state’s review period or the change in income is smaller than would merit an adjustment under state standards, you may still be able to petition the court for a hearing. In this case, it may be helpful to have an attorney. Your local legal aid society may help you find low-cost counsel if you cannot afford a private attorney. Also, several states have information about how to handle your case pro se (a legal term for representing yourself). Contact your local child support office or the court clerk for more information. 

Some courts and child support offices partner with employment programs and other agencies to provide employment services to noncustodial parents who are struggling to make ends meet. Contact your local child support office for information on these programs.

Where the money goes

Some child support agencies will send all or a portion of the payments to you. If you received cash assistance in the past, and money is still owed to the state or tribe, any child support collected beyond the amount ordered to you for current and past-due support may be used to pay back the cash assistance provided by the state or tribe.

Child support agencies are required to monitor payments to make sure they are made regularly and in full. But you should inform the agency if any payments are sent directly to you. Keeping the child support office informed helps it act quickly to make any needed adjustments.

Income withholding

Support orders must include a provision for income withholding unless both parents and the courts agree on another payment method. If an existing order does not call for income withholding, you can request this service through your local child support office or your attorney. Though there are limits on how much of a person’s check can be withheld, income withholding can be used for both ongoing and past-due support.

An employer must withhold child support if ordered to or at the noncustodial parent’s request. If you run into problems with your employer, seek help from your child support office. The child support agency will send the employer a withholding notice, which the employer must adhere to.

Note: An employer who fails to withhold the income in accordance with the notice is made responsible for the accumulated amount that should have been withheld from the noncustodial parent’s income. Employers who have questions about income withholding can find information and contacts on the OCSS website. 

Employers in one state must recognize income withholding orders from other states and tribes and continue withholding, as ordered, regardless of where the noncustodial parent or the custodial parent and children live.

Cooperation between states, tribes, and countries

A child support agency must provide services even when the child or a parent lives outside of the agency’s jurisdiction. Collecting payments can be a challenge when the paying parent (the noncustodial parent) doesn’t live in the same state or jurisdiction as the child.

Uniform Interstate Family Support Act (UIFSA)

UIFSA assures that only one child support order is enforced for current support when multiple states are involved. Courts of all U.S. territories, states, and tribes must abide by a child support order issued by another state or tribal agency with jurisdiction over the parties. The law also allows a child support agency to work a case involving an out-of-state noncustodial parent if certain conditions are met.

UIFSA has procedures that allow a child support agency (or private attorney) to refer a case to another state to establish, change, or enforce a support order. For example, that referral can be to the court or child support agency in the state where the noncustodial parent lives.

UIFSA does not apply to tribes. Talk to your local child support agency if the noncustodial parent lives in a tribal community. See more information on tribal cases.

Service of process and communicating with the responding state

Service of process means legally notifying or providing legal notice to the noncustodial parent to establish a child support order. Once a state finds the noncustodial parent, it has 90 days to serve notice. Most orders should be established within six months of service.

The responding state is where the noncustodial parent lives or works. The initiating state is the state or tribal program or an agency in a country where the custodial parent has applied for or is receiving services.

The initiating state has 30 days to provide any requested information to the responding state (tribal agencies do not have this requirement).

Interstate income withholding

If the child support agency knows that the noncustodial parent works in another state, it can use interstate income withholding to enforce the support order. Under UIFSA, income withholding can be initiated in one state and sent directly to an employer in another state without involving that state's child support agency. Check with your caseworker to confirm if this option is possible.

See more information on income withholding.

Central Registry

Every state child support agency has a Central Registry office to receive interstate child support cases. This office makes sure the case information is complete before sending it to the local office. The Central Registry also responds to inquiries from out-of-state child support offices.

Tribal cases

Federally recognized tribes and tribal organizations are authorized to operate child support programs, but not all do. See the list of current tribal child support programs.

If your tribe has a child support agency, work through that office to establish and enforce an order. The tribal child support agency can provide services to establish and enforce an order even if the noncustodial parent is non-Native or resides in another jurisdiction. You can also apply for child support services with the appropriate state office or another tribe’s child support office.

If the noncustodial parent is a member of a tribe that has a child support agency, income withholding orders can be processed through that tribal child support agency. The caseworker will present the income withholding order to the tribal enterprise for processing and income withholding. If the noncustodial parent is a member of or employed by a tribe that does not operate a child support program, your caseworker can contact the tribal court to ask about procedures for honoring an income withholding order. Tribes may have an office that handles child support cases even if they don’t operate their own child support program.

Read more about tribes with child support programs.

International cases

The U.S. government has arranged for reciprocal child support services with dozens of countries under an international treaty called the Hague Child Support Convention, as well as under a few one-to-one agreements with individual countries. See the list of countries that have reciprocity agreements with the United States. These formal agreements specify procedures for establishing and enforcing child support orders across international borders. Requirements for getting an enforcement action may vary depending on the laws in the other country. Still, a parent in the U.S. needs to provide their local child support agency with the same information as for a domestic case, such as the noncustodial parent’s address and employer.

If the noncustodial parent works for an American company or a foreign company with offices in the United States, income withholding might work even if the country where the noncustodial parent lives does not have a formal agreement to enforce a U.S. order.

If there is no federal-level reciprocity agreement with the country where the other parent lives, check with your state child support agency. Some state agencies have “state-level” agreements with foreign countries. Look up your state in the Intergovernmental Reference Guide to see if it has an agreement.

If needed, the websites of U.S. Embassies provide lists of local attorneys who have expressed a willingness to help Americans with legal matters in those countries. Visit the relevant U.S. Embassy website , and search for “Legal Assistance.”

Refer to the Passport Denial Program for information about denying a noncustodial parent’s passport if more than $2,500 is owed.

U.S. Attorneys' Office

The Child Support Recovery Act of 1992 made it a federal crime to willfully fail to pay support for a child living in another state if arrearages exceed $5,000 or are unpaid for longer than a year. In 1998, Public Law 105-187  (PDF) added new categories of felonies with stronger penalties for more blatant child support evaders. The U.S. Attorneys are very selective about accepting a case for prosecution because it requires extensive investigation. This is what they look for in the case:

• A pattern of moving from state to state to avoid payment
• A pattern of deception (using a false name or Social Security number)
• Failure to make support payments after being held in contempt of court
• Failure to make payments is connected to some other federal offense like bankruptcy or fraud

The U.S. Attorneys may require proof that the nonpayer is able to pay.

The U.S. Attorneys also require that cases be reviewed and forwarded to them by state child support offices. When a child support office hands the case over, the U.S. Attorneys can be reasonably sure that civil and state criminal remedies are exhausted. Check with your caseworker to see if your case qualifies.

Note: The U.S. Attorneys make the final decision on whether to prosecute.