Can I sue for child support enforcement in small claims court?
No, you cannot sue for child support enforcement in small claims court. Small claims court never has jurisdiction over family law. Any motions to modify or enforce child support payments must be filed with the court that originally entered the underlying support obligation, and some judges maintain a set of standing orders for resolving certain types of family law disputes. Enter your ZIP code below to speak with a local attorney for free about your child support enforcement.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Sep 24, 2024
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UPDATED: Sep 24, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Despite what is seen on TV, small claims court never has jurisdiction over family law matters such as child support enforcement. Any motions to modify or enforce child support payments must be filed with the court that originally entered the underlying support obligation.
Several resources may be available locally to enforce court-ordered child support. Some cities have Family Support Services to help parents resolve child support and child custody issues. The attorney general’s office in many states will also provide assistance with enforcing child support obligations. However, their client is still the state, even when they agree to help and the attorney general’s office will want to resolve an enforcement suit to serve the best interests of the child.
The courthouse may also provide a list of child support enforcement options. Some judges maintain a set of standing orders for resolving certain types of family law disputes.
Alternatives to Enforcement in Family Court
Because of the frequency with which issues arise involving parents not paying child support, some states have enacted criminal laws called criminal non-support, applicable when a parent refuses to pay their child support obligation. The jurisdiction of this offense differs from a civil suit in that it is usually prosecuted in the state where the court order originated or in the new county where the ex-spouse has moved. Jurisdiction is not tied to the residence of the child.
The only other time that child support enforcement may be decided outside the family court is when an ex-spouse files for bankruptcy. Support obligations are not dischargeable in bankruptcy, meaning an ex-spouse cannot make them go away. Furthermore, their support obligation gets automatic priority, guaranteeing that the payments will be made from whatever assets remain. The custodial parent still needs to be involved in the process, however, to insure that any assets liquidated in the bankruptcy are successfully converted to satisfy a support obligation.
If family court is the only option, a motion needs to be filed to enforce the support obligation. Depending on state enforcement rules, a support obligation can usually be enforced like any other civil judgment. A custodial parent can also request attachment of certain assets and garnishment of the obligor parent’s wages. Keep in mind that courts will require strict compliance with any procedural rules to enforce the support order. For more information on how or where to file a motion for child support enforcement, contact a child support attorney.
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Case Studies: Child Support Enforcement and Legal Remedies
Case Study 1: Enforcement of Child Support in Small Claims Court
John, a single parent in Cityville, sought legal remedies for enforcing child support payments from his ex-spouse, Sarah. Believing small claims court to be a viable option, John discovered that it lacked jurisdiction over family law matters. Seeking assistance, he approached local Family Support Services and the attorney general’s office. They guided him to file a motion in the court leading to effective enforcement measures.
Case Study 2: Criminal Non-Support Laws for Child Support Enforcement
In Stateland, Mark, a custodial parent, faced repeated non-payment of child support from his ex-spouse, Sarah. Frustrated, Mark invoked the state’s criminal non-support laws. Reporting Sarah’s non-compliance, legal action was initiated against her. The jurisdiction of this offense was tied to the court order’s origin or the county where Sarah had relocated, irrespective of the child’s residence.
Case Study 3: Child Support Enforcement and Bankruptcy
In Countyville, Sarah, an ex-spouse, filed for bankruptcy, raising concerns for the custodial parent, John, regarding child support payments. However, John found reassurance in knowing that support obligations were not dischargeable in bankruptcy. John collaborated with the bankruptcy court, liquidating assets and fulfilling the support obligation to protect their child’s well-being.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.