A calendar with missed payment dates beside a stack of coins

At Wise & Associates in Louisville, collecting back child support usually starts with a sworn contempt motion in Jefferson Family Court asking the judge to set the amount owed and order payment. Parents can also get help from the Jefferson County Attorney’s Child Support Division. Our upfront flat fee is between $1,500 and $5,000.

What Is a Child Support Arrearage?

An arrearage is court-ordered child support that was not paid when due. Past-due support cannot be reduced after the fact: in Kentucky, a modification of child support generally applies only to payments due after the motion to modify is filed (KRS 403.213). A parent who stopped paying cannot erase what is already owed by asking for a lower amount later.

Should I Use the County Attorney or Hire a Private Attorney?

Both are available, and the right choice depends on the case:

  • Jefferson County Attorney's Child Support Division. It enforces support as an agent of the Kentucky Cabinet for Health and Family Services, at little or no cost to the parent. It represents the Commonwealth's interest in support, not the parent personally.
  • Private attorney. A private attorney represents you directly, files on your timeline, and can handle related issues such as custody or timesharing in the same case.

How Does a Contempt Motion Work?

Kentucky's family court rules set specific requirements for contempt motions:

  1. The motion. It must be under oath, either verified or supported by an affidavit, and identify the date of the order and the specific provision that was violated.
  2. The court's review. The judge first decides whether there is sufficient cause to believe the order was violated.
  3. Show cause order. If there is, the court issues a show cause order, and once it is served, the court schedules an evidentiary hearing.
  4. The hearing. The judge can set the arrearage, order a payment plan or lump sum, and impose sanctions for contempt.

What Other Enforcement Tools Are Available?

  • Wage withholding. Support orders are generally paid through wage or income withholding unless the court finds good cause or the parents agree otherwise (KRS 403.215).
  • State and federal tools. Through Kentucky's child support program, enforcement can include tax refund intercepts, liens, license suspensions, and passport denial for large arrearages.
  • Interest and attorney fees. A court may award interest on unpaid support, and may order one parent to pay the other's attorney fees after considering both parents' financial resources (KRS 403.220).
  • Criminal charges. Persistent nonpayment can be prosecuted as flagrant nonsupport (KRS 530.050). Prosecution is handled by the prosecutor, not by the parent.

How Long Does It Take?

A contempt motion moves through the court's review, service of the show cause order, and the hearing, so timing depends on how quickly the other parent is served and on the court's schedule. In Jefferson County paternity cases, local rules allow motions to determine arrearages to be scheduled for a hearing or referred to an out-of-court conference with the County Attorney's Child Support Division.

What If the Other Parent Lives in Another State?

A Kentucky support order can be enforced in another state, and an out-of-state order can be registered and enforced in Kentucky, under the Uniform Interstate Family Support Act.

How Wise & Associates Handles This

Frequently Asked Questions

Can unpaid child support be forgiven in Kentucky?

A modification generally applies only to payments due after the motion to modify is filed, so support that is already past due cannot be reduced retroactively.

Does the County Attorney represent me?

No. The Jefferson County Attorney’s Child Support Division enforces support as an agent of the state and represents the Commonwealth’s interest, not the parent personally.

Can I stop the other parent’s visits if they don’t pay support?

No. Child support and timesharing are separate obligations. Withholding court-ordered timesharing can put you in contempt.

Can I get my attorney fees paid?

A Kentucky court may order one parent to pay the other’s attorney fees after considering both parents’ financial resources.

What if the other parent moved out of state?

A Kentucky support order can be enforced in another state under the Uniform Interstate Family Support Act.

How much does child support enforcement cost at Wise & Associates?

At Wise & Associates, enforcement starts with an upfront flat fee between $1,500 and $5,000, and contested hearings are priced before each begins. The firm does not bill hourly.

Related Reading

Talk to a Louisville Child Support Lawyer

Consultations are free and by phone. Book a time, then call the office at your scheduled time.

Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation

Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.