What happens if my ex doesn't pay child support in Connecticut?

It’s incredibly frustrating and stressful when your child’s other parent fails to pay court-ordered child support. You rely on that money to provide for your child's needs, and when it doesn't arrive, it can throw your entire household into financial turmoil. You might feel angry, helpless, and unsure of what to do next. Please know that you are not alone, and more importantly, you have powerful legal options.

In Connecticut, a child support order is not a suggestion—it is a legally binding mandate from a judge. When a parent ignores this order, they are violating the law. The primary way to address this is to enforce child support in Connecticut through the court system by filing a Motion for Contempt. This legal tool holds the non-paying parent accountable and can compel them to pay what they owe.

This guide will walk you through the entire process, explaining how Connecticut law protects your child’s right to support and what steps you can take to collect the money your family is owed.

Understanding the Legal Foundation of Child Support

Before diving into the enforcement process, it’s important to understand why Connecticut takes child support so seriously. The law is built on a simple, fundamental principle: both parents have a legal duty to financially support their children.

According to Connecticut law, "the parents of a minor child of the marriage, shall maintain the child according to their respective abilities, if the child is in need of maintenance" (C.G.S. § 46b-84(a)). This obligation doesn't end when the parents separate or divorce. A child support order formalizes this duty, ensuring the child continues to receive financial support from both parents, regardless of their living situation. When a parent fails to pay, they are not just letting you down; they are failing to meet their legal obligation to their child.

The Primary Tool: Filing a Motion for Contempt

The most common and effective way to enforce child support in Connecticut is by filing a Motion for Contempt. This is a formal legal document you file with the court, asking a judge to find that your ex-spouse has willfully violated the child support order.

According to the Connecticut Practice Book § 25-27, a Motion for Contempt must clearly state:

The specific court order that was violated, including the date it was issued.
The exact actions (or inactions) that constitute the violation. For child support, this means detailing the missed payments, the dates they were due, and the total amount unpaid.
The total amount of past-due support, also known as an "arrearage."
The relief you are requesting from the court, such as ordering immediate payment, setting up a payment plan for the arrears, and requiring your ex to pay your attorney's fees.

Filing this motion puts the non-paying parent on notice that they must appear in court and explain to a judge why they have not followed the order.

Step-by-Step: The Connecticut Child Support Enforcement Process

Navigating the court system can feel intimidating, but the process to enforce a child support order is straightforward. Here’s what you can generally expect.

Step 1: Gather Your Documentation

Before you file anything, collect all relevant paperwork. This includes:

A copy of your divorce decree or custody judgment that contains the child support order.
A detailed record of all payments received, including dates and amounts.
A clear calculation of the total amount of unpaid support (the arrearage).
Copies of any communication with your ex about the missed payments (emails, texts, etc.).

Step 2: File the Motion for Contempt

Your attorney will draft and file the Motion for Contempt with the Superior Court that issued your original support order. This officially starts the enforcement process.

Step 3: Serve the Other Parent

Your ex-spouse must be legally notified of the motion and the scheduled court hearing. This is called "service of process." It ensures they have a fair opportunity to respond and appear in court.

Step 4: The Court Hearing

At the hearing, the judge will review the motion and listen to both sides.

Your Role: You (or your attorney) will need to prove two things: that a clear court order exists and that the other parent has not paid according to that order.
The Other Parent's Role: Once you've established non-payment, the burden shifts to the non-paying parent. They must show the judge why they should not be held in contempt. A common defense is an inability to pay due to circumstances beyond their control, like an involuntary job loss. Simply choosing not to pay is not a valid excuse.

Step 5: The Judge's Ruling and Enforcement Orders

If the judge finds that the non-payment was a willful violation of the court order, they will find your ex in contempt. At that point, the judge has a wide range of powers to force compliance and get you the money you are owed.

What Can a Connecticut Court Do to Enforce Child Support?

When a parent is found in contempt, a judge won't just tell them to "do better." They have powerful legal tools to compel payment. The goal of the Connecticut child support enforcement system is to ensure your child receives the support they are entitled to.

Here are some of the actions a judge can take:

Order Immediate Payment: The judge can order the non-paying parent to pay the full arrearage immediately or establish a strict payment plan to catch up on the past-due amount in addition to the regular ongoing support.
Wage Withholding: This is one of the most effective tools. The court can issue an order directly to the non-paying parent's employer, requiring them to deduct child support payments from their paycheck and send the money to you or the state's collection unit. This is authorized under C.G.S. § 46b-69a.
Award Attorney's Fees: The law recognizes that you shouldn't have to bear the financial burden of forcing your ex to follow a court order. C.G.S. § 46b-87 states that when a person is found in contempt, "the court may award to the petitioner a reasonable attorney's fee." This means your ex could be ordered to pay for your legal costs.
Bank Account Seizure: The court can authorize a levy on the non-paying parent's bank accounts to satisfy the debt.
Property Liens: A lien can be placed on their real estate or personal property, which must be paid off before the property can be sold or refinanced.
Tax Refund Interception: Both federal and state income tax refunds can be intercepted and redirected to pay the child support arrearage.
License Suspension: The court can order the suspension of a driver's license, professional licenses (like those for doctors, lawyers, or contractors), and even recreational licenses (like hunting or fishing permits).
Credit Bureau Reporting: The unpaid support debt can be reported to major credit bureaus, negatively impacting the non-paying parent's credit score.
Incarceration (Jail): While this is a last resort, judges can and do sentence a person to jail for contempt. This is typically used when a parent has the ability to pay but willfully refuses. The goal is not just punishment; it's to compel payment. A person facing incarceration for contempt has the right to an attorney (Practice Book § 25-63).

The Role of Support Enforcement Services (SES)

In Connecticut, you have another option for help: Support Enforcement Services (SES). This is a state agency within the Judicial Branch that helps parents collect child support.

As outlined in Practice Book § 25a-30, SES can:

Initiate contempt applications on your behalf.
Use administrative tools like wage withholding and tax refund intercepts without a new court hearing.
Help locate a non-paying parent and their assets.

Using SES is typically free, which is a major benefit. However, because they handle a very high volume of cases, the process can sometimes be slower, and you won't have a dedicated person representing your specific interests. Many people choose to hire a private attorney to enforce child support in Connecticut for more personalized and aggressive representation.

Frequently Asked Questions About Child Support Enforcement

1. Can I stop my ex from seeing our child if they don't pay support?

No. This is one of the most important things to remember. In Connecticut, child custody, visitation, and child support are legally separate issues. While it's understandable to feel that way, withholding visitation can put you in violation of a court order, and you could be held in contempt yourself. The proper remedy for non-payment is to file a Motion for Contempt.

2. What if my ex lost their job and truly can't pay?

This is a valid defense against a contempt finding. A judge will look at whether the non-payment was "willful." If your ex lost their job involuntarily and can prove it, the judge may not find them in contempt. However, the obligation to pay does not disappear. The judge might order them to make smaller payments, seek employment, and formally file a Motion for Modification to adjust the support amount based on their new circumstances, as allowed by C.G.S. § 46b-86.

3. Can my ex and I just agree to change the child support amount?

You should never rely on an informal agreement to change child support. The only way to legally change the amount is to have a court issue a new order. Any verbal or written agreement that isn't approved by a judge is not enforceable, and your ex will still legally owe the amount in the original court order, regardless of what you informally agreed to.

4. How long does it take to enforce child support in Connecticut?

The timeline varies depending on the court's schedule, the complexity of the case, and whether the other parent is cooperative. Generally, after filing a motion, a hearing is scheduled within a few weeks to a couple of months. An experienced attorney can help ensure the process moves as efficiently as possible.

5. Can I collect child support if my ex lives in another state?

Yes. All states have laws in place to cooperate on child support enforcement under the Uniform Interstate Family Support Act (UIFSA). Your Connecticut attorney can work with the authorities in the other state to enforce your order, using tools like wage withholding and license suspension.

6. How much does it cost to hire an attorney for child support enforcement?

The cost varies, but it's a worthwhile investment to protect your child's financial future. Remember, under C.G.S. § 46b-87, the court has the authority to order the non-paying parent to cover your reasonable attorney's fees if they are found in contempt.

Getting the Help You Need

When you are owed child support, you are not just fighting for yourself; you are fighting for your child's well-being and stability. The Connecticut child support enforcement system is designed to help you, but it can be complex and overwhelming to handle on your own.

Working with an experienced Connecticut family law attorney can make all the difference. An attorney will handle filing all the necessary paperwork, represent you forcefully in court, and argue for all available remedies, including the payment of your legal fees. They can take the legal burden off your shoulders so you can focus on what matters most—caring for your family.

Conclusion

If your ex-spouse is not paying child support, do not wait and hope the situation improves. Connecticut law provides you with strong tools to enforce your court order and collect the money your child deserves. By filing a Motion for Contempt, you can hold the non-paying parent accountable and secure your child's financial support. Taking action is the first step toward resolving the issue and gaining peace of mind.