A child support demand letter is a formal request used by a parent or legal guardian to inform another party to pay what they owe in child support. That party must pay their fair share of child care costs but refuses to do so—wholly or partly.
The document may help compel the other parent to pay their payment obligations. It is often used as a first formal reminder to pay or incur the risk of further action. Even if it does not work, the letter may serve as evidence through the legal process later.
What to Include
The document’s purpose is to provide notice of overdue child support obligations. The letter itself should be relatively brief but should include the following key components:
- The amount of child support that is owed and past due.
- The details of the child support order on which your demand is based.
The best practice involves using a kind, civil tone, such as a gentle but firm reminder. Some may contain personal details about why the children need the money to appeal to the other person’s better nature.
However, the letter should also clearly state that you may take legal action to enforce child support if necessary.
Regulation Around Child Support Cases
Both state and federal laws handle child support.
Except for Massachusetts, every state in the U.S. has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law requires that child custody and child support litigation about a particular child occur in the child’s home state. The home state is where the child has lived for six consecutive months before the start of litigation.
If a child has not lived in a particular location for the last six months, it is defined as the state with the most significant connections to the child and at least one of its parents who provides substantial care to that child.
Courts must decide about child support according to a “best interests of the child” standard. If parents can agree to an arrangement, courts will typically adopt that agreement if it is in the child’s best interests.
When there is a dispute, such as when a demand letter is required, the court will consider many factors but ultimately default to the child’s best interests.
The UCCJEA operates to avoid competing child support and custody orders in different states. It also helps to provide enforcement provisions for child custody orders issued by the appropriate court.
States may have additional specific requirements related to child support, which you may have to consider if the dispute goes to court.
How to Collect Unpaid Child Support
State and local agencies enforce child support orders when a letter is insufficient. However, the Office of Child Support Enforcement helps to facilitate these processes. You can even find your local agency on their website to help begin the collection process for unpaid child support.
To collect unpaid child support, you can:
- Complete and customize your child support demand letter template.
- Attach relevant orders to the letter.
- Send the letter, ideally via certified mail.
- Contact the Office of Child Support Enforcement or your local agency if the amount remains unpaid after the demand.
If the parent lives in another state, Each state must honor the lawful child support order outside its borders. Under the Uniform Interstate Family Support Act, you can enforce the child support order of one state in another state.
Punishment for not paying: Under federal law (18 U.S.C. § 228), child support in arrears of one year or more and over $5,000 is a misdemeanor offense. It carries a potential punishment of six months in jail and other fines. Other penalties, including additional penalties imposed by state law, may also apply.
How to Write
Follow our step-by-step instructions to write your child support demand letter.
Step 1: Include Party Information
Include your contact information as well as that of the person who owes child support. This identifies the parties subject to the demand letter.
Step 2: Describe What Is Owed
State that the letter requests the payment of child support you are owed. Specify details such as but not limited to:
- When the child support became delinquent.
- How much is owed as of a specific date.
- How much is owed per month (or another applicable period).
- How to make payments to catch up.
- The due date for the overdue child support amount.
Step 3: Outline the Next Steps If Child Support Is Unpaid
If the child support remains unpaid after you send the letter, your letter should outline what will happen next. This is often a statement that you will report the outstanding child support to the authorities and file a legal action in the appropriate court.
Step 4: Sign the Letter
Sign the letter at the bottom and print your name as well. Include your contact information in the letter or at the top.
Step 5: Include or Attach Documents
Ideally, you should include a copy of the divorce agreement, child support or child custody order, or other order that requires child support payment. This bolsters your demand and proves the legal basis for your claim of unpaid child support.
Child Support Demand Letter Sample
Our child support demand letter template below can help you build your customized document.
