How It's Enforced

Placing a lien on the noncustodial parent’s real property (real estate) is possible, but this does not result in the immediate collection of any money. It only prevents the owner from selling, transferring, or borrowing against the property until the child support debt is paid. It may, however, encourage the noncustodial parent to pay the past-due child support in order to get (or maintain) clear title to their property. States and tribes are required to give full faith and credit to liens issued by another state.

Most states will not attach a lien on personal property that a person needs to make a living (e.g., a car necessary to get to work). Talk to your caseworker about what kinds of personal property are available for liens and attachment in your state.

Personal property can include, for example, bank accounts, investments, or a car. Under some laws, the enforcement official can issue an order to place a hold on the property. The order is sent to the person, company, or institution holding personal property belonging to the debtor. They must deliver it either to the enforcement agency or court that issued the support order. Some states permit the personal property (e.g., a car) to be seized and sold to pay the debt.

A child support case is eligible for an Administrative Offset when the noncustodial parent owes at least $25 in past-due support and is at least 30 days past due in their child support payments. A Pre-Offset Notice is sent to noncustodial parent. It provides the contact information of the appropriate child support office and information about how to request an administrative review.

Non-tax federal payments can be garnished through the Administrative Offset program to pay past-due child support. They include both recurring and one-time payments. Types of administrative offsets include:

• Payments to private vendors who perform work for a government agency
• Federal retirement payments
• Relocation and travel reimbursements owed to federal employees

Note: Some payments are exempt from Administrative Offset by federal law or by action of the Secretary of the Treasury and cannot be intercepted through this program. Your child support office can offer more guidance.

Tax refund offset (state and federal)

States with income tax must have laws in place to offset a noncustodial parent’s state refund if child support is past due. States can also request a tax offset for any state-provided assistance over $150. 

States can request offset of federal tax refunds if more than $500 of child support is past due. A tribal child support program may work with a state child support program to submit cases for federal tax refund offset. The state must notify the noncustodial parent before taking action.

It usually takes two to three weeks from the time the money is offset from the noncustodial parent’s tax refund until the state receives it. States may choose how they distribute collections from federal tax refund offsets. Some states pass along all or a portion of the collections to the family. Usually, the money goes to satisfy past-due support first.

Other states, however, apply some or all the collections to money owed to state and federal governments to cover assistance provided to families. Note: Each state is different with regard to their distribution processes. Check with your child support agency to see if the money has been collected and, if so, when (or if) you will receive it.

Joint tax returns

If a married couple filed a joint return and only one of them is liable for child support payments, the spouse who is not responsible for the child support debt (referred to as the “injured spouse”) can file tax Form 8379, Injured Spouse Claim and Allocation  (PDF). The law allows for states to hold joint offsets for up to six months or until notified that the injured spouse received their portion of the tax refund, whichever happens first. OCSS and the Treasury Department will work together to inform states if the spouse has filed a claim for their part of the refund. For more information, see How Does a Federal Tax Refund Offset Work?

States can take action to levy a noncustodial parent’s bank account. 

If the noncustodial parent’s business depends on having a license (driver's or business), the possibility of having that license revoked could be a great incentive to pay support.

Knowing that past-due amounts will be reported to a credit bureau may give a strong incentive to comply with the child support order.

Passports can be denied or revoked by the federal government for owing past-due child support. For more information on this process, contact information, or certification status of an existing denial, refer to the Passport Denial Program.