Child Support FAQ

In order for a Notice of Delinquency to be issued, the depository records of the Clerk of the Court must reflect that a payment is more than 15 days late. If you feel the Notice of Delinquency was issued in error, there are several things you can do.

You are stating that you know you are up-to-date, so the first thing you should do is call the depository, state that you received a Notice of Delinquency and you do not agree with the records. The depository clerk will access your case and review the records with you over the phone, if possible. Some cases are too involved for a phone review and you may be asked to bring your records or pay stubs, if your support is taken directly out of your paycheck, into the office for a more in depth review. There are a number of reasons why the depository records may not coincide with yours.
These are just a few of the reasons:

1. You have made payments directly to the custodial parent after the court ordered payments through the depository. Direct payments can be considered a gift and you may not be given the credit.
2. You did not realize that you were responsible for making the payments until your employer started the deductions. Your employer has two weeks from the time they receive the court order until they have to start the deductions. That also applies when you change jobs. You must make the payments until your new employer starts deducting it from your check.
3. There may be a change in circumstances that the depository is not aware of, such as a change in custody or the emancipation of a child. Always make the depository aware of any new court orders that affect your support payments.
4. A payment has been remitted to the State Disbursement Unit but it is not posted on the depository records. Under these conditions the depository will request that the State Disbursement Unit research the payment. The Notice of Delinquency will be put on hold until the research has been completed. If speaking with the depository has not resolved the issue, you can contest the Notice of Delinquency and have a hearing before the judge assigned to your case. Some Clerk’s offices offer a pleading packet for a small fee for your convenience.

Please keep in mind that your motion to contest must be filed within 20 days of the date of the Notice of Delinquency. If it is not filed and your case still reflects a delinquent balance, a Judgment by Operation of Law will be entered into the public records.