Fathers do not pay child support for various reasons, including a significant change in financial circumstances and, though it is not right and only hurts the child, because mothers often withhold visitation. Sometimes a father does not pay child support because he does not believe that the child is his, or because he does not feel he should pay child support. None of these reasons, except for financial circumstances, are valid reasons for non-payment of child support. Here's how to get it.
Draft a Petition for Relief by including the appropriate heading (see tips) and your complaint. Refer to the Final Judgment of Dissolution of Marriage or other child support order by stating the date that the order was entered into the court.
Describe the minor children in the second paragraph. Tell the court how many minor children you have and their birth dates.
Tell the court how much child support was ordered and how much and how often child support is to be paid. Include where child support is paid -- either directly to you, through the state depository account or to the clerk of court. This information can be found in the Final Judgment of Dissolution of Marriage, the Income Deduction Order or another child support order that might have been entered in your case.
Sign and notarize the petition. Complete the summons form for your state. Check with your clerk of court for the cost of the filing fee, if any.
Bring the summons, the petition and the filing fee to the clerk of court. The clerk will stamp the petition and the summons and enter them into the file. Ask the clerk for a list of court-authorized process servers for your county.
Give the petition and the summons to the process server. The process server will serves the father, who will have a certain number of days to file a response. If the father does not file a response, ask the clerk for a clerk's default.
Schedule a hearing on your petition after the father answers. The court will make a ruling on current child support and arrearages (back child support). Depending on the state, it might order that the father pay through the state if the father currently is paying directly to you.