What can I do if the other parent is not paying the ordered child support?
If the other parent violates the order, you or the Child Support Services Division can file a motion for contempt of child support order in court. When the non-custodial parent doesn’t obey the instructions in the court order, the court can order him/her to follow it. The other parent can be held in civil contempt if there is an active child support order and you have not received a voluntary child support payment within 60 days. Voluntary payments are payments made by the non-custodial party or his/her employer.
As part of civil contempt, the court can order the non-custodial parent to:
- pay a lump sum amount;
- make scheduled payments; or
- be incarcerated.1
On the other hand, your case could be eligible for criminal contempt if:
- the non-custodial parent deliberately disobeys the court order;
- all other administrative enforcement actions aren’t successful;
- s/he has not made significant voluntary support payments within three months before the criminal contempt referral date; and
- there is a good faith belief that s/he can pay child support.1
As part of criminal contempt, the court could order any of the following when a party has deliberately disobeyed a support order:
- a jail term of up to 180 days;
- participation in a rehabilitative program;
- acceptance of appropriate and available employment or participation in job search and placement activities;
- probation; or
- any other action the judge decides.2
1 D.C. Child Support Services Division website
2 D.C. Code § 46-225.02