How to Ask a Judge for Back Child Support?
Child support can be ordered as part of a divorce proceeding or as a separate order in the case of unmarried parents of a minor child. A child support order is a court order, and failure to abide by the order can subject the non-paying parent to sanctions by the court. If you are the custodial parent with a support order and the other parent is not paying according to the order, you have the right to return to court and ask the judge for back child support.
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Things You'll Need
- Copy of the original order for child support or original decree of divorce
- Payment records
Instructions
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Gather records regarding the child support payments. In many cases the child support payments are made through the court, in which case you should be able to request an official copy of all payments made to date from the clerk of court.
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Contact the local child support enforcement office. Most jurisdictions have a child support enforcement office that is run by the local prosecutor's office. Make an appointment for an intake with the office.
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Prepare a petition for enforcement or motion for contempt if there is not a local child support enforcement office or you do not qualify for their services. Court websites or offices often have forms available. Many judges will even accept a letter explaining that the parent is not paying the child support and asking for a hearing on the matter.
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Attend the court hearing at the date and time scheduled by the court. Explain to the judge how much back child support you are owed and ask that the judge make an additional order including payment of the back support. In most cases, the judge will either order the respondent to pay the back support in one lump sum or order an additional sum paid each week in addition to the regular child support payment until the back support is paid in full.
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