A parent or legal guardian can use a child support demand letter to inform another party who owes child support. That party must pay their fair share of child care costs but refuses to do so—wholly or in part. The letter is designed to remind the other party of their obligations and require that they begin to pay.

This letter may help compel the delinquent parent to pay what they owe. Even if it does not work, the letter may be useful evidence in court to compel payment through the legal process.

Table of Contents

• What Is a Child Support Demand Letter?
• What to Include in a Child Support Demand Letter
• How to Collect Unpaid Child Support
• How to Write a Child Support Demand Letter
• FAQs
• What is a Child Support Demand Letter?
• Why is a Child Support Demand Letter important?
• When should I send a Child Support Demand Letter?
• What should be included in a Child Support Demand Letter?
• Can I send a Child Support Demand Letter myself, or should I involve a lawyer?
• Child Support Demand Letter Sample

What Is a Child Support Demand Letter?

A Child Support Demand Letter is a written communication sent by a custodial parent or legal guardian to the noncustodial parent, requesting the payment of child support. This letter serves as a formal notice and request for financial support to ensure the well-being and care of the child or children involved. It outlines the terms, amount, and frequency of child support payments and may also include relevant information about the child's needs and expenses.

Here are the key elements typically included in a Child Support Demand Letter:

1. Sender's Information:
   • Full name, address, and contact information of the custodial parent or legal guardian (sender).

2. Recipient's Information:
   • Full name, address, and contact information of the noncustodial parent (recipient).

3. Child's Information:
   • Names, birthdates, and any other relevant details of the child or children for whom support is being requested.

4. Child Support Details:
   • Specify the amount of child support being requested, including both the monthly or periodic amount and the total annual amount.
   • Outline any special considerations or adjustments, such as shared custody arrangements, medical expenses, or educational costs.

5. Payment Schedule:
   • Specify the frequency of child support payments (e.g., monthly) and the preferred payment method (e.g., check, bank transfer).

6. Purpose of Child Support:
   • Provide information about how the child support payments will be used to benefit the child, including expenses related to food, clothing, housing, education, healthcare, and other necessary needs.

7. Request for Compliance:
   • Clearly state the demand for the recipient to fulfill their child support obligations promptly and by the agreed-upon terms.

8. Deadline for Response and Payment:
   • Specify a reasonable deadline by which the recipient should respond to the demand letter and initiate child support payments.

9. Legal Consequences:
   • Mention that failure to comply with child support obligations may result in legal actions, such as court proceedings or enforcement by child support agencies.

10. Contact Information and Method of Response:
    • Provide contact information for the sender, including phone number and email address, and specify how the recipient should respond to the letter (e.g., by mail, email, or phone).

11. Documentation and Records:
    • Encourage the recipient to maintain accurate records of child support payments for their records and potential legal requirements.

12. Signature and Date:
    • The letter should be signed and dated by the sender to confirm its authenticity.

A Child Support Demand Letter is an initial step in addressing child support issues outside of court. It is intended to facilitate communication and cooperation between parents and provide a written record of the request for child support. If the recipient fails to respond or comply with the demand letter, the custodial parent may pursue legal remedies, such as filing a child support case with the appropriate authorities or seeking court intervention to establish or enforce child support orders. It's advisable to seek legal advice when dealing with child support matters, especially if disputes or complex issues arise.

What to Include in a Child Support Demand Letter

A Child Support Demand Letter is a formal written communication sent by a custodial parent or legal guardian to the noncustodial parent, requesting the payment of child support. To effectively communicate your request and expectations, it's important to include specific details in the letter. Here's what to include in a Child Support Demand Letter:

1. Sender's Information:
   • Start the letter with your full name, address, phone number, and email address.

2. Recipient's Information:
   • Include the full name and contact information (address, phone number) of the noncustodial parent or the person responsible for paying child support.

3. Child's Information:
   • Mention the names, birthdates, and any other relevant details of the child or children for whom you are seeking child support.

4. Statement of Purpose:
   • Begin the letter by stating that it is a Child Support Demand Letter, and your primary purpose is to request child support payments.

5. Child Support Amount:
   • Specify the amount of child support you are requesting. Include both the monthly or periodic amount and the total annual amount.
   • If there are any special circumstances or adjustments, such as shared custody or additional expenses, explain how these factors affect the child support amount.

6. Payment Schedule:
   • Describe the frequency of child support payments (e.g., monthly) and the preferred payment method (e.g., check, bank transfer).

7. Purpose of Child Support:
   • Explain how the child support payments will be used to benefit the child, covering expenses related to their well-being, including food, clothing, housing, education, healthcare, and other necessary needs.

8. Request for Compliance:
   • Clearly state your request for the recipient to fulfill their child support obligations promptly and by the agreed-upon terms.

9. Deadline for Response and Payment:
   • Specify a reasonable deadline by which you expect the recipient to respond to the demand letter and initiate child support payments.

10. Legal Consequences:
    • Mention that failure to comply with child support obligations may result in legal actions, such as court proceedings, wage garnishment, or enforcement by child support agencies.

11. Contact Information and Method of Response:
    • Provide your contact information, including your phone number and email address.
    • Specify how the recipient should respond to the letter (e.g., by mail, email, or phone).

12. Documentation and Records:
    • Encourage the recipient to maintain accurate records of child support payments for their records and potential legal requirements.

13. Signature and Date:
    • Sign and date the letter to confirm its authenticity.

14. Enclosures:
    • If applicable, include copies of any supporting documents, such as previous child support agreements, court orders, or financial records, to substantiate your request.

15. Additional Information (if needed):
    • Include any other relevant information or details that may help clarify your child support request.

Remember to maintain a respectful and professional tone throughout the letter, focusing on the child's best interests. Keep a copy of the letter for your records, and send it via certified mail with return receipt requested to ensure documentation of delivery. If the recipient fails to respond or comply with the demand letter, consider seeking legal advice or pursuing legal remedies to establish or enforce child support orders through the appropriate legal channels.

How to Collect Unpaid Child Support

Collecting unpaid child support can be challenging, but there are legal and administrative steps you can take to enforce child support orders and ensure that the noncustodial parent fulfills their financial obligations. Here's a general guide on how to collect unpaid child support:

1. Review the Child Support Order:
   • Carefully review the child support order issued by the court. This document outlines the amount of child support the noncustodial parent is required to pay and the payment schedule.

2. Open a Case with the State Child Support Agency:
   • If you're not already working with your state's child support agency, open a case with them. They can assist in locating the noncustodial parent, enforcing the order, and collecting payments on your behalf.

3. Contact the Noncustodial Parent:
   • Communicate with the noncustodial parent in writing, requesting that they make payments as ordered by the court. Keep copies of all correspondence.

4. Request Income Withholding Order (Wage Garnishment):
   • An income withholding order directs the noncustodial parent's employer to withhold child support from their wages and send it directly to the state child support agency. It's an effective way to ensure regular payments.

5. File Contempt of Court:
   • If the noncustodial parent refuses to pay or falls significantly behind, you can file a motion for contempt of court. This legal action asks the court to hold the noncustodial parent in contempt for failing to obey the court order. If found in contempt, they may face fines or even jail time.

6. Seek a Liens or Seizure of Assets:
   • In some cases, you can place liens on the noncustodial parent's property or seize their assets, such as bank accounts or tax refunds, to satisfy child support arrears.

7. Report to Credit Bureaus:
   • Some states allow child support agencies to report unpaid child support to credit bureaus, potentially affecting the noncustodial parent's credit score.

8. License Suspension:
   • In some states, the noncustodial parent's driver's license, professional license, or passport may be suspended if they are in arrears on child support payments.

9. Request a Tax Intercept:
   • The federal and state tax refunds of the noncustodial parent can be intercepted to cover child support arrears.

10. Seek Legal Assistance:
    • If you encounter difficulties or need legal guidance, consider consulting with an attorney who specializes in family law or child support matters. They can provide advice on how to proceed and represent your interests in court.

11. Stay Informed and Document Everything:
    • Keep meticulous records of all communication, payments, and actions taken regarding child support enforcement. This documentation can be valuable in legal proceedings.

12. Explore State-Specific Remedies:
    • Familiarize yourself with the child support enforcement tools and remedies available in your specific state, as laws and procedures can vary.

It's important to note that child support enforcement varies by jurisdiction, and some remedies may not be available in all states. Working closely with your state's child support agency is often the most effective way to collect unpaid child support. Additionally, seeking legal assistance can help navigate complex legal procedures and ensure that your child's financial needs are met.

How to Write a Child Support Demand Letter

Writing a Child Support Demand Letter is an important step in addressing unpaid child support. This letter serves as a formal request for the noncustodial parent to fulfill their financial obligations as outlined in a court-ordered child support agreement. Here's how to write a Child Support Demand Letter:

1. Use a Professional Tone:

• Begin the letter with a professional and respectful tone, focusing on the well-being of the child rather than engaging in emotional or confrontational language.

2. Include Your Contact Information:

• At the top of the letter, include your full name, address, phone number, and email address.

3. Address the Noncustodial Parent:

• Address the letter to the noncustodial parent by their full name and include their address if known.

4. State the Purpose Clearly:

• In the opening paragraph, clearly state the purpose of the letter, which is to request the payment of unpaid child support.

5. Reference the Child Support Order:

• Mention the specific court order that established the child support obligation, including the date and court case number if available.

6. Specify the Outstanding Amount:

• Provide details about the outstanding child support payments, including the total amount owed, any arrears, and the last payment date.

7. Explain the Child's Needs:

• Explain how the unpaid child support affects the child's well-being, emphasizing the importance of financial support for their upbringing, including basic needs like food, clothing, and education.

8. Request Compliance:

• Clearly state your request for the noncustodial parent to comply with the court-ordered child support payments as soon as possible.

9. Provide Payment Instructions:

• Offer specific instructions on how the noncustodial parent should make payments. Include details such as the payment method (e.g., check, electronic transfer), payment frequency (e.g., monthly), and where to send payments (e.g., state child support agency or your address if applicable).

Remember that this letter should maintain a respectful and professional tone throughout. Its primary goal is to communicate the need for child support payments clearly and formally. Keep copies of all correspondence and responses for your records. If the noncustodial parent does not respond or comply with the demand letter, consider seeking legal advice or pursuing legal remedies to enforce child support orders through the appropriate legal channels.

FAQs

What is a Child Support Demand Letter?

A Child Support Demand Letter is a formal written communication sent by a custodial parent or legal guardian to the noncustodial parent, requesting the payment of unpaid child support. It outlines the terms of the child support obligation and serves as a formal request for compliance.

Why is a Child Support Demand Letter important?

A Child Support Demand Letter is important because it provides a formal written record of the request for unpaid child support. It communicates the custodial parent's expectations and may encourage the noncustodial parent to comply with their financial obligations.

When should I send a Child Support Demand Letter?

You should send a Child Support Demand Letter when the noncustodial parent has fallen behind in making child support payments or is not complying with the court-ordered child support agreement.

What should be included in a Child Support Demand Letter?

A Child Support Demand Letter should include the custodial parent's contact information, details of the child support order, the outstanding amount, the child's needs, a request for compliance, payment instructions, a deadline for response, and a mention of potential legal consequences.

Can I send a Child Support Demand Letter myself, or should I involve a lawyer?

You can send a Child Support Demand Letter yourself. However, if the noncustodial parent does not respond or comply, and if legal action is necessary, it may be advisable to consult with a lawyer who specializes in family law or child support matters.

Child Support Demand Letter Sample