What Do I Include in My Motion to Enforce Child Support?

Essential Case Details for Your Motion

When preparing your motion to enforce child support, it is crucial to include specific case details. This information helps the court understand the context of your request. Include the following:

• Your Name: Clearly state your full name as the petitioner.
• Other Parent's Information: Provide the full name and address of the non-paying parent.
• Court Information: Specify the name of the court that issued the original child support order.
• Order Date: Mention the date of the most recent support order to establish a timeline.

Calculation of Amount Owed

A clear calculation of the total amount owed is essential for your motion. This section should detail:

• Total Arrears: State the total amount of child support that has not been paid.
• Monthly Breakdown: List the monthly amounts due and the specific dates when payments were missed.
• Payment History: Include any relevant payment history that shows the pattern of non-compliance.

Copy of the Original Court Order

Attach a copy of the original court order that established the child support obligation. This document serves as a legal reference point for the court. Ensure that:

• The document is clear and legible.
• All relevant sections regarding the support amount and payment schedule are highlighted.

Proof of Non-Compliance

To demonstrate that the other parent has failed to comply with the child support order, include various forms of evidence. This may consist of:

• Bank Statements: Provide statements showing missed payments.
• Payment Logs: Create a log that details the expected payments versus actual payments received.
• Digital Evidence: Include screenshots of communication (emails, texts) where payment arrangements were discussed or missed.

Documentation of Collection Attempts

Show the court that you have made reasonable efforts to collect the owed child support. This documentation can include:

• Communication Records: Keep a record of calls, texts, and emails sent to the other parent regarding payment.
• Notices Sent: If you have sent any formal notices or reminders, include copies of those documents.

Employer Information of the Non-Paying Parent

If known, include the employer's name and address for the other parent. This information is critical if you are seeking wage garnishment. Consider the following:

• Income Withholding Order: Indicate whether there is an existing income withholding order (IWO) in place.
• Employer Contact: If applicable, provide contact details for the employer to facilitate communication regarding wage garnishment.

Specific Relief Requested

Clearly outline what you are asking the court to do in your motion. This may include:

• Wage Garnishment: Request that the court issue an order for wage garnishment to ensure future payments.
• Contempt Proceedings: Ask the court to hold the non-paying parent in contempt for failing to comply with the order.
• Modification of Support: If applicable, request a modification of the support amount based on changed circumstances.

Evidence of Willful Non-Compliance

To strengthen your case, you need to demonstrate that the non-paying parent is willfully ignoring their obligations. This can include:

• Pattern of Behavior: Show evidence that the non-payment is not due to financial hardship but rather a refusal to pay.
• Testimonies: Consider gathering oral testimonies from witnesses who can attest to the non-compliance.