What is noncompliance?

Noncompliance is the failure of a person, business, or other entity to take action as required by an inquiry, subpoena, or income-withholding instrument issued by any state's child support enforcement agency.

Noncompliance is the failure to:

  • Respond to an inquiry from a child support enforcement agency.

  • Comply with a subpoena issued by a child support enforcement agency.

  • Return the Answer to an income-withholding instrument or notice of enrollment.

  • Withhold support required under a lien or an income-withholding instrument. The party is liable for either the amount that should have been withheld, or for the debt amount on an Order to Withhold and Deliver, whichever is less.

  • Remit withheld support monies to the child support enforcement agency.

  • Enroll children in an available medical plan required under a Notice of Enrollment.

  • Report a new hired employee.

Despite recent record improvements in paternity establishment and child support collections, much more needs to be done to ensure that all children born out-of-wedlock have paternity established and that all non-custodial parents provide financial support for their children. Currently, only about one-half of the custodial parents due child support receive full payment. About twenty-five percent receive partial payment and twenty-five percent receive nothing.

In an effort to strengthen and improve state child support enforcement activities, several federal laws were passed, including a national new-hire reporting system. These laws required states to pass uniform interstate child support laws, automate enforcement actions, and provide for tougher noncompliance penalties, such as driver's license revocation.