What Can I Do If My Ex Has Stopped Paying Child Support?

Child support isn’t optional. A court-ordered child support obligation is a legal duty. When a parent refuses to pay, they’re not just being difficult—they’re violating a court order and risking serious consequences.

If the payments have stopped, know that you have options. Tennessee has strong child support enforcement tools, including wage garnishment, tax refund interception, and even contempt of court charges that can lead to jail time. But getting results means knowing how to work within the system. That’s where we come in—to help you take the right steps forward.

Why Did Your Ex Stop Paying Child Support?

We always take a step back to look at why your ex has stopped making child support payments first. The reason behind the non-payment can shape how we move forward—and whether we’re dealing with someone who can’t pay or simply won’t.

Here are some common reasons we see:

• Job loss or reduced income – If your ex isn’t working or has taken a financial hit, they may be struggling to keep up with their court-ordered payments.
• Intentional efforts to avoid paying child support – Some parents take deliberate steps to dodge this legal obligation, hoping they can slip through the cracks.
• Custody or visitation disputes – In some cases, unpaid support is tied to disagreements over parenting time, even though one doesn’t cancel out the other.
• Genuine inability to pay the full amount – They may still care, but simply don’t have the means to meet the amount of child support set by the court.
• Choosing other priorities – Sadly, some parents just decide to put other expenses ahead of their responsibility to pay child support.

The “why” helps us tailor the right enforcement approach. A parent who’s truly struggling may need a different strategy than one who’s willfully ignoring their obligation.

Start with a Conversation, Not a Court Date

When child support payments stop, it’s easy to feel like legal action is the only option. And sometimes, it is. However, in many cases, we’ve found that a simple conversation goes a long way.

Before jumping into the legal process, try reaching out to your ex directly. You might be able to get clarity—or even resolve the issue—without the courtroom.

Be sure to document every attempt to talk about the non-payment, including:

• Texts or emails – Save written messages that show your efforts.
• Phone calls – Jot down dates, times, and what was said.
• Co-parenting apps – These tools create a helpful record of all communication.

If the situation ends up in court, this documentation shows the judge you made a good-faith effort to handle things reasonably before seeking enforcement.

Enforcement Options When Your Ex Has Stopped Paying

When your ex has stopped paying child support, you have more tools at your disposal than you might think. In Tennessee, both state-run programs and court actions can help enforce a child support order, and we’re here to walk you through your legal options.

1. Child Support Enforcement Services

Tennessee’s Child Support Enforcement Program—run by the Department of Human Services—is available to any custodial parent, no matter their income level. This service can help:

• Locate a delinquent parent
• Establish paternity when needed
• Enforce an existing child support order
• Modify the order if circumstances have changed

Some parents hesitate to involve a child support agency, but this program is designed specifically to handle non-payment situations. It’s free to the custodial parent and often gets faster results than going the private route.

2. Filing for Contempt of Court

If your ex-spouse refuses to pay child support even though they have the means to do so, they may be held in contempt of court. That’s a serious step—and it sends a strong message.

Here’s how the process works:

1. You file a petition with the same court that issued your original order
2. Your ex gets served with notice of the hearing
3. You both appear before a judge, who reviews the case

If the court finds your ex willfully disobeyed the court order, the consequences can include:

• Jail time (used more to pressure compliance than to punish)
• Fines, attorney fees, and court costs
• A court-ordered payment plan for past-due child support
• Stricter oversight going forward

To succeed, you’ll need documentation of missed payments. We help our clients prepare a detailed payment history and calculate exactly what’s owed in arrears before we file.

3. Income Withholding Orders

One of the most reliable enforcement methods is wage garnishment through an income withholding order. This means child support payments come straight out of your ex’s paycheck, before they even see the money.

If your original child support order didn’t include wage withholding, we can petition the court to add it. Once approved, the order is sent to the employer, who is legally required to withhold and forward payments.

This option works especially well when the noncustodial parent:

• Has regular employment
• Receives steady paychecks
• Works for an employer rather than being self-employed

4. Additional Enforcement Mechanisms

When the usual steps don’t work, Tennessee law allows for more aggressive enforcement actions:

• License Suspension – A parent with serious arrears can lose their driver’s or professional license, which can be a powerful motivator to pay.
• Tax Refund Interception – Federal and state tax refunds can be seized automatically once the case is in the enforcement system and past-due support meets certain thresholds.
• Credit Bureau Reporting – Reporting unpaid support to credit agencies can damage your ex’s credit score, creating pressure through financial consequences.
• Property Liens – A lien can be placed on real estate or vehicles, blocking any sale until the child support debt is satisfied.
• Bank Account Seizures – Courts can freeze and seize funds directly from bank accounts when there are assets available but no payments are being made.

Unemployed Doesn’t Mean Off the Hook for Child Support

Just because your ex isn’t working doesn’t mean they’re off the hook. Child support obligations don’t disappear with a job loss. A court order remains in effect, no matter their employment status.

That said, enforcement gets a bit trickier when your ex isn’t earning a regular paycheck. But it’s far from impossible. We’ve helped clients pursue:

• Seizure of unemployment benefits
• Interception of tax refunds
• Property liens
• Uncovering hidden income

Some noncustodial parents claim they’re unemployed while secretly working for cash or running under-the-radar businesses. Through court-ordered discovery and financial investigations, we can often expose those efforts to avoid paying child support.

Responding to Custody Petitions Filed in Bad Faith Over Child Support

We’ve also seen non-paying parents try to change the parenting plan, or suddenly seek more custody, just to reduce or avoid child support. While custody and support are linked, judges are quick to spot when these moves are more about money than parenting.

If your ex owes child support and suddenly pushes for major custody changes, it’s important to:

• Keep detailed records of the actual visitation they’ve been using
• Document missed payments and arrears
• Center the case on what’s best for your child, not their attempt to dodge support

We work closely with clients to make sure the court sees the full picture and stays focused on the child’s best interests.

Yes, You Can Enforce Child Support Across State Lines

If your ex has moved to another state, enforcing your court-ordered child support might feel more complicated, but it’s absolutely still possible. Thanks to the Uniform Interstate Family Support Act (UIFSA), every state has a legal process in place to help custodial parents enforce support orders across state lines.

In most cases, enforcement involves:

• Registering your Tennessee support order in the state where your ex now lives
• Using that state’s enforcement tools, like wage garnishment or license suspension
• Coordinating between the state agencies involved

These interstate cases may take longer than in-state enforcement, but they can still result in full collection of past-due child support using the same legal mechanisms.

When Child Support Stops, Don’t Wait to Take Action

If your ex has stopped paying court-ordered child support, don’t wait and hope it’ll fix itself. The longer you delay, the harder it can be to recover arrears—and the more financial pressure falls on you alone.

Start by gathering the basics:

• Document the full payment history
• Calculate the amount of unpaid support and interest

Then decide how you want to move forward. You can:

• Work with Tennessee’s Child Support Enforcement Program
• Speak with a family law attorney about private legal action
• Use both for a more strategic, efficient outcome

If you’re not sure where to begin, we’re here to help. At the Law Office of Sam Byrd in Chattanooga, we’ve helped hundreds of parents enforce support orders and reclaim the financial support their children are entitled to. Let’s take the next step—together.