By Jason M. Rice, Esq. | Dirigo Divorce | Springvale, Maine
Last Updated: October 2026 | 7-Minute Read
You have a child support order. The other parent is not paying. Your children’s financial wellbeing is at stake, and you are wondering what you can actually do about it.
The good news is that Maine has a range of powerful enforcement tools available when a parent fails to pay court-ordered child support. This guide explains your options — and how to use them effectively.
Understanding Your Options
When a parent falls behind on child support in Maine, there are two main avenues for enforcement: through the state’s child support enforcement agency, or through a private attorney filing a contempt motion in court. Both approaches have their place, and in some cases using both simultaneously makes sense.
Option 1: Maine’s Child Support Enforcement Program (CSEP)
The Maine Department of Health and Human Services operates the Child Support Enforcement Program, which provides free enforcement services to parents who are owed support. CSEP has broad authority to take action against non-paying parents, including:
Income Withholding
The most common and effective enforcement tool. CSEP can order the non-paying parent’s employer to withhold child support directly from their paycheck and send it to the state disbursement unit, which then forwards it to you. Income withholding is automatic in most Maine child support orders and kicks in immediately when a parent falls behind.
Tax Refund Interception
CSEP can intercept both state and federal income tax refunds of a parent who owes past-due child support. This can be a significant source of recovery, particularly if the non-paying parent typically receives a substantial refund.
License Suspension
Maine law authorizes the suspension of a delinquent parent’s driver’s license, professional licenses, and recreational licenses — including hunting and fishing licenses — when child support arrears reach a certain threshold. The threat of license suspension is often an effective motivator for parents who have been avoiding payment.
Credit Bureau Reporting
CSEP reports child support arrears to the major credit bureaus, which can significantly damage the non-paying parent’s credit score. This creates financial pressure and can affect their ability to obtain loans, housing, and other credit.
Passport Denial
Parents who owe more than $2,500 in past-due child support can be denied a U.S. passport or have an existing passport revoked. This is coordinated through the federal Office of Child Support Services.
Bank Account Levies
CSEP can levy the non-paying parent’s bank accounts to collect past-due support. This can be a powerful tool when the parent has assets in financial accounts but has been avoiding payment.
To access CSEP services, contact the Maine Department of Health and Human Services Child Support Enforcement Program. Services are available regardless of whether you receive public assistance.
Option 2: Filing a Contempt Motion Through a Private Attorney
While CSEP provides important enforcement tools, there are situations where working with a private attorney to file a contempt motion in court is a faster or more effective approach. A contempt motion asks the court to find that the non-paying parent has willfully violated the child support order and to impose consequences.
If the court finds contempt, it can:
- Order the payment of all past-due support in a lump sum or on a specific payment schedule
- Award you attorney’s fees and costs for having to bring the enforcement action
- Impose fines
- In serious cases of willful and repeated non-payment, order incarceration
- Modify the support order going forward
A contempt motion is particularly useful when the non-paying parent is self-employed, works for cash, or has income that is difficult for CSEP to reach through income withholding. It is also useful when you need to act quickly and cannot wait for CSEP’s administrative process.
What About Self-Employed Parents or Parents Who Work Under the Table?
Self-employed parents and parents who work for cash are among the most challenging enforcement situations. Income withholding is not effective if there is no employer to withhold from. In these cases, a combination of approaches may be necessary:
- Subpoenaing bank records and financial statements to document actual income
- Requesting that the court impute income based on the parent’s earning capacity
- Seeking a lien on the parent’s real property or other assets
- Using bank account levies to collect from existing accounts
- Requesting a contempt finding that creates a credible threat of serious consequences
If you have reason to believe the other parent is hiding income or working under the table, document everything you observe — Venmo payments, social media posts showing purchases or employment, vehicles, equipment, or other indicators of income. This documentation can be powerful evidence in court.
How Long Does Enforcement Take?
The timeline for child support enforcement depends on the method used and the responsiveness of the non-paying parent. Income withholding through CSEP can be implemented relatively quickly once an employer is identified. Administrative remedies like tax refund interception depend on the tax cycle. A contempt motion through the court typically takes several weeks to months from filing to hearing.
If you are in immediate financial need, contact both CSEP and a private attorney as soon as possible. Do not wait to see if the non-paying parent will voluntarily catch up — the longer you wait, the larger the arrears grow.
What if the Non-Paying Parent Claims They Cannot Afford to Pay?
A parent who genuinely cannot afford their support obligation should file a motion to modify the support amount — not simply stop paying. Failing to pay because of financial hardship is not a defense to contempt unless the parent has taken steps to legally modify the order.
If the other parent claims hardship as a defense to enforcement, courts will examine their financial circumstances carefully. If they have voluntarily reduced their income, refused employment, or are hiding assets, the court can impute income and hold them in contempt regardless of their claimed inability to pay.
Frequently Asked Questions About Child Support Enforcement in Maine
How far back can I collect unpaid child support?
In Maine, child support arrears do not expire. Past-due child support is a judgment debt that continues to accrue until paid, with interest. There is no statute of limitations on collecting child support arrears in Maine, and the obligation survives even after the child turns 18.
Can I withhold parenting time if the other parent does not pay support?
No — and this is critical. Child support and parenting time are separate legal obligations. You cannot legally withhold parenting time because the other parent is not paying support, even if their non-payment is frustrating and harmful. Doing so could expose you to a contempt motion. Your remedy for non-payment is enforcement through the legal process, not self-help.
What if the non-paying parent files for bankruptcy?
Child support obligations are not dischargeable in bankruptcy. Even if the other parent files for bankruptcy, their obligation to pay current and past-due child support remains fully intact. Bankruptcy does not eliminate child support arrears.
Not Getting the Support Your Children Are Owed?
Unpaid child support is not just a financial problem — it is a violation of a court order and an injustice to your children. At Dirigo Divorce, we help parents throughout Androscoggin County, Cumberland County, Oxford County, York County and southern Maine enforce their support orders aggressively and effectively.
We serve clients throughout southern Maine, including Lewiston, Portland, Biddeford, Springvale, Sanford, Kennebunk, Biddeford, Saco, and surrounding communities. We are also licensed in New Hampshire and serve clients across the Seacoast region.
Call us at (207) 200-3231 or visit dirigo-divorce.com to schedule your consultation today.