How can I get my back child support payments paid through the court?

Once a child support order is in place, the obligor (the person ordered to pay child support) is responsible for ensuring that all child support payments are made on time.  Unless the obligee (the person to whom child support is paid) has requested that the child support payments be made via income deduction, the obligor must make the required payments directly to the obligee. 

When child support payments are delinquent, the obligee may file an enforcement action with the court.  Once the amount of back child support has been determined, the court will enter an order requiring the obligor to repay the arrearage either in a lump sum or installments.  At the hearing, the obligee may request that an income deduction order be put into place that requires the obligee to make regular child support payments and arrearage payments via income deduction. 

The average income deduction order requires the obligor’s employer to deduct from his or her paycheck the amount specified in the order and to remit the payments to the appropriate child support office.  The child support office then forwards the payments to the obligee.  

If the obligor changes jobs, he or she is responsible for notifying the new employer of the income deduction order.  Until the new employer begins deducting the child support payments from the obligor’s paycheck, he or she is responsible for making the payments. 

If you are owed child support and have questions about filing an enforcement action, you should contact an experienced family law attorney in your area.  A family law attorney can also explain exactly how income deduction orders work.