Can You Enforce a Child Support Order?

April 28th, 2025
Posted By
Sarah M. Litowich
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Child support can be crucial to ensure a child’s basic needs are met. While most parents will make these payments voluntarily, this isn’t the case in all situations. If your ex refuses to follow a child support order issued by the court, it’s important to understand that there are measures you can take to ensure payments are made. Specifically, Oregon law offers several tools for enforcing child support and ensuring parents adhere to their financial obligations to their children.

What Happens if Your Ex Refuses to Pay Child Support?

A child has the right to receive financial support from both parents, regardless of marital status. Once child support has been ordered by the court, the non-custodial parent must comply. Refusal to make payments to the custodial parent can lead to severe legal and financial consequences. Oregon’s Child Support Program and courts may use the following tools to enforce child support and collect payments:
  • Garnishing wages and income
  • Seizure of bank accounts
  • Filing a lien against real estate or personal property
  • Garnishing an inheritance, personal injury settlement, or lottery winnings
  • Suspending a driver’s license or a U.S. passport
  • Suspending a recreational or occupational license
  • Intercepting a tax refund
A parent who fails to make court-ordered child support payments may also be reported to a credit reporting agency if they owe a certain amount. Additionally, if a parent willfully refuses to pay, a judge may hold them in contempt of court, which can result in monetary fines and jail time.

How Can You Enforce a Child Support Order in Court?

Child support is taken very seriously in Oregon. If your ex has violated an existing order, and you are unable to resolve the matter between yourselves, the Oregon Department of Justice Child Support Program provides services for enforcing child support. However, this process is only available if the parent receiving support has set up an account with the program. If you do not have an account with the program, it’s essential to have the assistance of a skillful family law attorney who can guide you through the legal process of enforcing the order. Critically, you may file a request asking the court to enforce the order and hold the other parent in contempt. This is typically done by filing an Order to Show Cause, which demands that the other parent appear in court and explain why the judge should not grant the relief requested. Importantly, the documents that were filed with the court must also be served upon the other parent to give them proper notice of the proceeding. At a hearing to enforce a child support order, both parents must appear before the judge. The parent who failed to pay support will have the opportunity to explain why they failed to comply with the court order. The custodial parent can raise evidence in support of their claim that the order was violated. The judge will listen to the arguments on both sides, evaluate the evidence, and make a determination. In the event the judge finds that the parent who had been mandated to pay support is in contempt of court, they may impose penalties such as wage garnishment, monetary fines, or even jail time in extreme cases.

Can a Child Support Order Be Enforced if the Paying Parent Lives in Another State?

Federal law requires that all jurisdictions cooperate when it comes to enforcing child support orders. Under the Uniform Interstate Family Support Act, an Oregon child support order may be enforced, even if the paying parent has moved across state lines. The Act also mandates that employers comply with income withholding orders issued by a court in another state.

Can Child Support Be Enforced if You Cannot Find the Other Parent?

If you do not know where the custodial parent lives and cannot locate them to serve them with an enforcement action, the Oregon Child Support Program has various tools to find where they reside or work. You will need to provide any information you have about the other parent’s whereabouts, including the following, if known:
  • Full name
  • Any other names they might use
  • Last known address
  • Phone number
  • Employer information
  • Social Security number
Significantly, there are also options available to find non-compliant parents if they have moved to another state in an attempt to avoid making support payments. Oregon uses the Federal Parent Locator Service to assist with locating parents who may have violated a child support order issued by a judge within the state. In addition to enforcing a child support order that was already issued, this system can be used to locate a parent for the purpose of establishing child support for the first time or modifying an existing order.

Contact an Experienced Oregon Child Support Attorney

Enforcing child support can be a complicated matter. It’s vital to have a knowledgeable attorney by your side who can guide you through the process. Based in Salem, Litowich Law offers compassionate counsel and reliable representation for a wide range of family law matters throughout Oregon, including those involving child support. We welcome you to contact us for a consultation.
Categories: Child Support