ASLA Legal Workshop: Obtaining and Enforcing Child Support Orders

A request to the Court for a child support order can be done with or without a request for a divorce. If the Court has entered a child support order in the past and the non-custodial parent does not comply with the child support order, then the custodial parent can seek enforcement of the child support order.

1. Custodial parent can complete Self-Help Form from the Family, Drug and Alcohol Division of High Court, the Application for Order to Show Cause Re: Contempt For Failure to Pay Child Support; and Order. Pro se litigant can attach prior Court Child Support Order. There is no court filing fee. 
2. If qualified for ASLA services, custodial parent can obtain free ASLA legal representation in filing in High Court a Motion to Enforce Divorce Support Order and to collect child support arrearages. ASLA only files to enforce a child support order when violating parent is not low income.
   1. Action for child support whether or not custodial parent is married to non-custodial parent.
   2. Child Support Order May Be Part of Civil Protection Order in Domestic Violence Cases (ASCA 47.0204(c)(4)(a)).
   3. Child support payments by non-custodial parent normally made to High Court so there is an accurate and impartial accounting of payments.

ASLA usually represents custodial parents. An exception: ASLA defended non-custodial parent mother in a Uniform Reciprocal Enforcement of Support Act (ASCA 42.0401 et seq.) action for child support. She was initially unemployd and her minor child was in a state in the U.S. receiving public assistance and non-custodial parent did not approve of her child receiving public assistance. Custodial parent and non-custodial parent were not married.

Custodial parent filing a complaint with Department of Public Safety and Attorney General's Office against non-custodial parent for violating Criminal Non-Support law (ASCA 46.3806).

The Statute
ASCA 46.3806 Criminal Non-Support

1. A spouse commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his spouse; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which the parent is legally obligated to provide for his minor child or minor stepchild:
2. For purposes of this section:
   1. "Child" means any natural or adoptive, legitimate or illegitimate person under 18 years of age or a mentally retarded or developmentally disabled person regardless of age.
   2. "Good cause" includes any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if defendant purposely maintains his inability to support.
   3. "Support" means food, clothing, lodgning, and medical or surgical attention.
3. The defendant has the burden of injecting the issues raised by paragraph (b)(2).
4. Criminal nonsupport is a class A misdemeanor, unless the actor leaves the territory for the purpose of avoiding his obligation to support, then it is a class D felony.