What is a Petition Motion to Enforce?
A Petition Motion to Enforce is a written request that the court enforce the support order. (Ask the Court Clerk for a Form #823) The Petition Motion to Enforce should state how much support is owed and ask the court to enter a judgment and repayment. If the failure to pay is intentional, the petition can request that the court add a penalty of up to 10% of all support that is overdue by 30 days or more. An affidavit (sworn statement) must be attached to the Petition that outlines how the other parent has violated the order. If the child support has been paid by wage withheld through the Office of Child Support Registry, a completed copy of the payment record which OCS has maintained on the case since the last court order should be attached to the Petition Motion. If child support has been paid directly between the parents, records showing how the back support was calculated should be attached. As with any other request to the court, the other parent must be served with the Petition Mo
