How is a child support order enforced?
When the parents of children live apart, the court often orders the parent without custody (the non-custodial parent) to pay child support to the parent who lives with and cares for the child (the custodial parent). Payments must be made on a regular basis, such as every two weeks or every month. When a non-custodial parent fails to pay child support for two weeks, or when the unpaid amount equals the amount that should have been paid for two weeks, the Probation Division of the Superior Court (Probation) is required by law to take action to help the custodial parent get the child support owed. To do this, Probation first files with the court a statement of facts that describes how the non-custodial parent is disobeying the court’s order for child support. Next, Probation chooses to file either a complaint for contempt or an application called a motion in aid of litigant’s rights, or both. Probation rarely files a complaint for contempt against a non-custodial parent who owes outstandi
