If a parent or custodian of a child is unable to gain the other parent’s voluntary compliance with a judge’s orders regarding child support and/or visitation rights, the primary recourse is to seek assistance from the courts to enforce its order. The process requires the filing of a Motion for Enforcement to re-open the court’s file, then the court will issue an Order to Appear requiring the offending party to be in court on a given date and time to explain why he or she has not complied with judge’s instructions.

           If a parent is found to have wrongly interfered with another’s rights of visitation, then the judge may sentence the parent to jail, fine the parent and/or modify rights of possession to avoid the problem reoccurring. The judge may use similar techniques of persuasion to enforce child support orders.

           Moreover, in child support cases, the Office of the Attorney General may also become involved. The methods available to the state to enforce child support orders without going to court include: (1) withholding support from the non-custodial parent’s paycheck; (2) intercepting and applying tax refund checks, lottery winnings or other money due from governmental agencies; (3) filing liens; and (4) suspending driver’s, professional, hunting and fishing licenses. The Attorney General may also file its own Motion for Enforcement to initiate court proceedings.

           For the Attorney General’s office to act, the child support must be past due more than three months, and it will respond to any requests for enforcement when its caseloads permit it to do so. In all visitation enforcement and/or child support cases which require more immediate attention, it is necessary for persons to hire a private attorney. Often the prevailing party in an enforcement action will be able to obtain a judgment for attorneys fees if attorneys fees are incurred. For more information, you should contact the Child Support Division of the Attorney General’s office or an attorney of your choice.