Preparing for a Contested Enforcement Hearing

When payments stop or orders are ignored, an enforcement hearing decides whether noncompliance was willful and what remedies apply. Preparation wins these hearings: tight ledgers, proof of ability to pay, and practical purge plans the judge can adopt on the spot.

Build the ledger. Print the State Disbursement Unit (SDU) history and create a parallel ledger that shows, line by line, (1) ordered amounts, (2) payments posted with dates and sources (wage, portal, tax intercept), and (3) running arrears and interest “as of” the hearing date. Highlight missed months and partials. Attach the underlying paystubs or portal receipts for contested entries. Judges love clean math more than rhetoric.

Prove notice and clarity. Attach the signed order, any clarifying stipulations, and the income‑withholding order sent to payroll. If you seek contempt, show that the payer knew the terms: prior warnings, payment plans, or letters from the agency. Ambiguity is the enemy of contempt; make the record that the obligation was clear.

Ability to pay vs. inability. Willfulness hinges on whether the payer had the ability to pay and chose not to. Gather evidence of earnings (paystubs, bank deposits, gig payouts), lifestyle (recent travel, large purchases), and job offers or refusals. For claimed inability, expect proof: medical restrictions, layoff notices, job search logs, and applications. Consider a vocational evaluation if the payer has capacity but is underemployed.

Remedies menu. Ask for practical tools that work: immediate wage withholding; a purge payment (lump sum) to lift contempt; an arrears installment added to current support; tax refund intercept certification; license suspension stayed on strict compliance; or a review in 60–90 days. If the payer is self‑employed, propose automatic ACH drafts and third‑party remittance verification (e.g., accountant letters).

Credit for direct payments. Some payers bring cash app screenshots or claims of cash handed over. Courts prefer SDU records. If direct payments occurred and your state allows credit, present them with corroboration (bank records, receipts signed at the time). Ask the court to direct future payments through the SDU only.

Documenting excuses. If the payer blames late posting or payroll mistakes, subpoena employer remittance reports. If they blame illness, request medical documentation and propose a temporary modification rather than endless nonpayment. Frame solutions: “Your Honor, we propose $X purge today and $Y per month toward arrears, with automatic withholding and a 90‑day review.”

Courtroom strategy. Be concise, stick to dates and numbers, and avoid personal attacks. Bring three copies of everything. If the judge asks for a number, have it ready: total arrears, interest rate, and a realistic monthly installment based on the payer’s verified income.

Bottom line. Enforcement turns on math and means. With a clean ledger, proof of notice, and a workable plan, you set the court up to find willfulness where appropriate and to enter an order that gets money flowing again.

Disclaimer: Educational information only; not legal advice. Remedies and standards vary by state and change over time. Consult a licensed attorney or your child support agency.