Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026
Every child has a legal right to financial support from both parents, married or not. If the other parent isn't paying, you can file for a child support order through the court or your state's child support agency. The process is built for parents to handle on their own, and most do it without a lawyer.
Each state runs both parents' incomes through a formula that also weighs the number of children, the custody split, health insurance, and childcare costs. The goal is to give the child the same share of parental income they'd get if the family lived together.
Every state has a child support enforcement agency (the IV-D program). It can establish paternity, locate the other parent, file for support, and enforce the order, usually free or very low cost.
When parents weren't married, legal paternity has to be established before support can be ordered. That happens two ways: both parents sign a voluntary acknowledgment of paternity, or the court orders DNA testing.
When a parent doesn't pay, the agency can garnish wages, intercept tax refunds, suspend licenses (driver's, professional, passport), report the debt to credit bureaus, levy bank accounts, and pursue jail for contempt of court.
A big income change, a child's disability, or a new custody arrangement lets either parent petition to modify the amount. Changes apply only from the filing date forward, so file as soon as the change happens. They are not retroactive.
More on this topic: the Family hub
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