How to Write a Child Support Collection Court Statement

Child support collections do not involve a collection court statement, as such. You need to file a motion in the court that has jurisdiction. The court that has jurisdiction is usually the court where the original child support order was entered. If both parties have moved out of that court's jurisdiction, you apply to file in a court where you live. If you both live in the same area, there is not usually a problem, but if you live in one area and your ex-spouse lives in another, you may have to file in the original jurisdiction. If both you and your ex-spouse moved out of state, you will have to apply to the court to transfer your case to the current state you both reside in. The rules governing this differ from state to state and are determined by your state's Rules of Procedure.

Instructions

1. Visit the Clerk of Court and request a print-out of the payments your spouse has made (if the payments were paid through the state depository). If the payments were made directly to you, you must have every receipt. A receipt can be a copy of you spouse's check or money order. In some cases, bank statements showing the exact amount of child support will be admitted as evidence.

2. Get a copy of the original child support order. If the child support order is part of a Final Judgment, you will need a copy of the Final Judgment. These are attached to the Motion to Compel Child Support Payment as exhibits.

3. Draft a Motion to Compel Child Support Payment. You can get a copy of your state's forms from the clerk's office where the motion will be filed. Many clerk of courts now have personnel on staff that can help you with the filing of these forms. The clerk's office personnel cannot give you legal advice, and they will not help you fill out the form. Some states allow paralegals to help you complete the forms. Attach all proof of non-payment to the motion.

4. Once the Motion to Compel Child Support Payment is completed, sign and notarize it. Make two copies of the signed and notarized document. Mail or bring the original to the clerk's office for filing. Mail a copy to your ex-spouse. The second copy is for your records.

5. Contact the clerk's office or the judicial assistant for your case (this varies by state) to set a court hearing on the Motion to Compel Child Support Payment. Be prepared to present your case. You will need to show the court that your spouse has not paid, so the proof of payment from Step 1 is pertinent. Proof of payment also shows proof of non-payment.

6. If you have already been through this process and are still not receiving your child support payments, you will need to file a Motion for Contempt for Non Payment of Child Support. These forms are also available at the clerk's office for your county. The process of completing the forms is the same, as is the process of filing the forms and requesting a hearing on your motion.

Tips & Warnings

• This article is not written by an attorney. The information in this article cannot be used as legal advice. If you are having problems collecting child support, even after filing a Motion to Compel or a Motion for Contempt, you should contact a family law attorney.