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My wife is delinquent on her court-ordered medical payments for our child. Can I sue for child support enforcement in small claims court?

Despite what you may see on TV, small claims court never has jurisdiction over family law matters such as child support enforcement. Any motions to modify or enforce child support payments must be filed with the court that originally entered the underlying support obligation.

Several resources may be available in your area to enforce the court-ordered medical payments. Some cities have Family Support Services to help parents resolve child support and child custody issues. Also, the attorney general's office in many states will provide assistance with enforcing child support obligations. Remember, though, that their client is still the state, even when they agree to help you. This means that they may want to resolve an enforcement suit differently than you would like.

Your courthouse may also provide a list of child support enforcement options. Some judges maintain a set of standing orders for resolving certain types of family law disputes.

Alternatives to Enforcement in Family Court

Because of the frequency with which issues arise involving parents not paying child support, some states have enacted criminal laws called "criminal non-support," applicable when a parent refuses to pay their child support obligation. The jurisdiction of this offense differs from a civil suit in that it is usually prosecuted in the state where the court order originated or in the new county where the ex-spouse has moved. Jurisdiction is not tied to the residence of the child.

The only other time that child support enforcement may be decided outside the family court arena is when an ex-spouse files for bankruptcy. Support obligations are not dischargeable in bankruptcy, meaning your ex-spouse cannot make them go away. Furthermore, their support obligation gets automatic priority, guaranteeing that the payments will be made from whatever assets remain. You'll still need to be involved in the process, however, to insure that any assets liquidated in the bankruptcy are successfully converted to satisfy your support obligation.

If family court is your only option, you will need to file a motion to enforce the support obligation. Depending on your state's enforcement rules, you can usually enforce a support obligation like any other civil judgment. You can also request attachment of certain assets and garnishment of your ex-spouse's wages. Keep in mind that courts will require strict compliance with any procedural rules to enforce the support order.

If you have questions about how or where to file your motion for child support enforcement, contact a child support attorney in your area to review all of your child support enforcement options.