How to Get Child Support When Your Ex-Spouse Gets Behind on Payments

Picture this: It’s the third week of the month, and you’re staring at your bank account, waiting for that child support payment that should have arrived two weeks ago. Your ex-spouse isn’t answering calls, rent is due, and your child needs school supplies. Sound familiar?

You’re not alone, and more importantly, you’re not powerless. When your ex-spouse falls behind on child support payments, Nevada law gives you several powerful tools to collect what your child is owed. The key is knowing which options work best for your situation and acting quickly. Every month you wait, that debt grows larger and your child goes without the financial support they deserve. Talk with a Nevada child custody lawyer about your exact situation to find out what will work best for you.

What Happens When Child Support Payments Stop

When those monthly payments suddenly disappear, the impact hits your household immediately. That $800 monthly support payment isn’t just a number on paper – it’s grocery money, daycare costs, medical expenses, and your child’s future college fund. Unpaid child support doesn’t just vanish. Every missed payment becomes a debt that continues to accumulate. In Nevada, unpaid child support is treated as seriously as any other court-ordered debt. Your ex-spouse can’t make it disappear by filing bankruptcy, and the amount owed keeps growing with interest.

Let’s say your ex owes $800 monthly and misses three payments. That’s $2,400 in debt, plus interest, that doesn’t go away just because they ignore it. Nevada courts take child support enforcement seriously because they recognize that children depend on this financial support for their basic needs.  So what do you do?

Step 1: Document Everything

Before you can take any enforcement action, you need solid documentation. Courts make decisions based on evidence, not emotions, so detailed records are your strongest weapon in recovering unpaid child support. Create a comprehensive payment log that includes the date each payment was due, the amount owed, and the amount actually received (if any). Don’t rely on your memory – write it down or use an app to track payments automatically. Include partial payments too. If your ex pays $300 instead of the required $800, document it.

Save every piece of communication about missed payments. Screenshot text messages where your ex promises to pay “next week.” Keep emails explaining why they can’t pay right now. Save voicemails with excuses about job troubles or unexpected expenses. These communications often contradict each other and show a pattern of non-compliance.

Also keep copies of your original child support order, any modifications, and proof that your ex-spouse was properly served with the court documents. Courts need to see that your ex knew about their obligations and chose not to meet them.

Step 2: Contact Your Ex-Spouse First

Sometimes there’s a legitimate reason for missed payments – a job loss, medical emergency, or administrative error. Before involving courts or enforcement agencies, try direct communication with your ex-spouse. Send a clear, written notice about the missed payments. Be specific in what is going on. For example: “Your child support payment of $800 was due on March 1st and has not been received as of March 15th. Please send payment immediately or contact me to discuss the situation.” Give them a reasonable deadline to respond or catch up on payments. Something like “Please respond by March 20th with either payment or an explanation of when payment will be made.” This shows courts you attempted to resolve the issue reasonably.

Document their response (or lack of response). If they promise to pay by a certain date, follow up in writing: “Thank you for confirming you’ll send the $800 payment by March 25th.” If that date passes without payment, you have clear evidence of broken promises. Don’t accept endless excuses or promises without action. While one missed payment might be understandable, a pattern of non-payment requires stronger enforcement action. Courts care about actual payments, not good intentions.

Always use written communication, not phone calls.

Step 3: Contact the Nevada Department of Health and Human Services (DHHS)

If your child support case was established through Nevada’s child support program, DHHS offers powerful enforcement tools at no cost to you. Even if you initially handled your divorce privately, you can often transfer your case to DHHS for enforcement assistance. DHHS can take several enforcement actions including automatic income withholding from your ex’s paycheck, intercepting tax refunds, placing liens on property, and even suspending driver’s licenses. These tools work especially well when your ex-spouse has regular employment or assets in their name.

To file a complaint with DHHS, contact their Child Support Enforcement Division at (775) 684-0637 or visit their website. You’ll need to provide your case number, documentation of missed payments, and current contact information for your ex-spouse. The process typically takes 30-60 days to initiate enforcement actions, though income withholding can happen faster if your ex has a steady job. DHHS also works with other states if your ex-spouse lives outside Nevada.

However, DHHS has limitations. They may not pursue certain enforcement actions if your ex-spouse is self-employed, frequently changes jobs, or hides assets effectively. In complex cases, hiring a private family law attorney often produces faster results.

Step 4: File a Motion for Contempt of Court

When your ex-spouse violates a court order by not paying child support, they’re in contempt of court – and that carries serious consequences. Contempt of court means willfully disobeying a court order. Filing a contempt motion puts your case directly in front of a judge who can impose immediate penalties. The court doesn’t care about their excuses if they have income or assets available but spend money on other things instead.

To file a contempt motion, you’ll need to prepare several documents including a motion for contempt, an affidavit detailing the missed payments, copies of the original support order, and proof that your ex was properly served. Each Nevada district has specific forms and procedures, so check with the family court in your area. Possible consequences for contempt include wage garnishment, asset seizure, suspension of driver’s or professional licenses, and even jail time. Nevada judges have broad discretion in contempt cases and often impose multiple penalties to ensure compliance. An experienced family law attorney can help you meet the requirements of the motion.

Child Support Enforcement Options in Nevada

Nevada law provides several powerful enforcement tools that can be used alone or together to collect unpaid child support:

1. The most effective tool for employed ex-spouses is wage garnishments. Nevada allows garnishment of up to 50% of disposable income (60% if they’re not supporting another family). Employers must automatically deduct payments from each paycheck and send them directly to you.
2. Courts can freeze bank accounts, place liens on real estate, and force the sale of property to satisfy child support debt. Even retirement accounts like 401(k)s and IRAs aren’t protected from child support enforcement.
3. Nevada suspends driver’s licenses for anyone owing more than $1,000 in back support. Professional licenses (doctors, lawyers, contractors) and recreational licenses (hunting, fishing) can also be suspended, directly impacting your ex’s ability to work and enjoy activities.
4. Both state and federal tax refunds are automatically intercepted to pay unpaid support. Many people receive refunds of $2,000 or more annually, making this a valuable recovery tool.
5. Unpaid child support damages credit scores for years, affecting your ex’s ability to get loans, rent apartments, or find employment. This long-term consequence often motivates payment when other methods haven’t worked.

What if They REALLY Can’t Pay Child Support?

Sometimes ex-spouses claim they can’t pay because their financial situation has changed significantly. While falling behind on payments isn’t grounds for automatically reducing support, legitimate changes in circumstances might warrant a modification. This might make sense when there’s been a substantial change in either parent’s income, employment status, or the child’s needs. Job loss, disability, or significant income reduction might justify a temporary or permanent change in support amounts. Courts don’t reduce support retroactively. Even if your ex-spouse qualifies for a modification, they still owe every penny they were supposed to pay before the modification was approved. The debt doesn’t disappear.

The process for requesting modification involves filing a motion with the court, providing financial documentation, and often attending a hearing. Your ex-spouse must prove their changed circumstances are substantial, ongoing, and not their fault. If your ex mentions wanting to modify support, don’t agree to informal arrangements. Any changes must go through the court system to be legally binding. Unofficial agreements often lead to more problems and don’t protect your child’s interests.

Protect Your Child’s Interests

Throughout this process, remember that child support exists for your child’s benefit. Every dollar your ex-spouse owes is money that should be providing for your child’s housing, food, clothing, medical care, and education. This isn’t about punishing your ex. It’s about ensuring your child receives the resources they need to thrive. Consistent support payments affect your child’s long-term future. They enable you to maintain stable housing, provide educational opportunities, and plan for college expenses. When one parent fails to meet their obligations, the entire family suffers.

You have multiple options for collecting unpaid child support in Nevada, from working with DHHS to filing contempt motions to pursuing wage garnishment and asset seizure. The right approach depends on your specific situation, your ex-spouse’s financial circumstances, and how much they owe. Don’t let frustration or intimidation keep you from pursuing what your child is legally owed. You don’t have to handle this alone, and you certainly don’t have to accept non-payment as inevitable.

At Kelleher & Kelleher, our experienced family law attorneys know Nevada’s enforcement laws inside and out, and we’re committed to getting you results. Call us today at (702) 384-7494 for a consultation about your child support enforcement options. We’ll review your case, explain your options, and help you develop a strategy to recover every penny your child is owed. Your child’s future shouldn’t suffer because your ex-spouse won’t meet their legal obligations.