What Happens When Someone Doesn't Pay Child Support?

When a parent does not pay court-ordered child support in Wisconsin, the unpaid amount generally becomes past-due support, or arrears. Falling behind does not eliminate the obligation, and Wisconsin law provides several ways to collect unpaid support. The Wisconsin Child Support Program generally begins enforcement when a payer is more than one month behind.

What happens to unpaid child support?

Past-due child support continues to be owed even after the payment was originally due. Wisconsin generally charges interest at 0.5% per month, or 6% per year, on qualifying past-due support. Interest can continue to accrue even when the parent is making payments toward the arrears.

If the paying parent's financial circumstances have changed, simply stopping or reducing payments is generally not the appropriate solution. The existing court order remains enforceable unless and until it is modified. A parent who can no longer afford the ordered amount should promptly determine whether a motion to modify child support is appropriate.

How can unpaid support be collected?

Wisconsin child support agencies have a number of administrative enforcement tools. Depending upon the amount owed and the circumstances of the case, enforcement can include increased income withholding, payment plans, interception of state or federal tax refunds, child-support liens against property, seizure of certain financial accounts or property, interception of some settlements or lump-sum payments, and suspension or denial of certain driver's, professional, occupational, or recreational licenses. Significant arrears can also result in federal enforcement consequences, including passport restrictions.

Can the other parent take the case back to court?

Yes. The parent who is owed support, or the child support agency, may seek contempt of court for failure to comply with the support order.

A missed payment does not automatically mean that a parent will be jailed. In a contempt proceeding, an important question is whether the parent had the ability to comply with the order but failed to do so. If the court finds contempt, it may impose remedial sanctions and establish conditions the parent must satisfy to purge the contempt. In appropriate cases, those sanctions can include jail.

Persistent intentional nonpayment can also have consequences beyond family court. Wisconsin child support agencies may refer appropriate cases to the district attorney for possible criminal nonsupport proceedings.

Does withholding child support affect placement?

Child support and physical placement are separate legal obligations. A parent ordinarily cannot withhold a child's placement simply because the other parent has failed to pay support. Likewise, a parent cannot ordinarily stop paying support because the other parent has interfered with placement.

If support is unpaid, the appropriate remedy is to pursue support enforcement. If court-ordered placement is being denied, Wisconsin provides a separate procedure for enforcement of physical placement. Each issue should be addressed through the appropriate legal process rather than through self-help.

What should I do if support is not being paid?

The appropriate response depends upon the circumstances. Enforcement through the county child support agency may be sufficient in some cases. In others, a court motion may be appropriate, particularly when there is substantial nonpayment, a dispute about the amount owed, repeated failure to comply with an order, or other issues that require judicial intervention.

For a parent who owes support and has experienced a genuine change in income or financial circumstances, addressing the problem promptly is equally important. Accumulating arrears can become substantially more difficult to resolve over time, particularly when interest and additional enforcement measures begin to apply.

Wisconsin Legal Authorities: Wis. Stat. ch. 767; Wis. Stat. §§ 49.854–49.857; Wis. Stat. § 785.03; Wis. Stat. § 948.22; Wis. Admin. Code ch. DCF 152. Wisconsin's Department of Children and Families provides additional information regarding administrative child-support enforcement.