How Alabama Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Alabama, each missed installment becomes a judgment with interest. Collection tools include income withholding, license suspension, contempt and, for arrears over $2,500, federal passport denial.
What happens if you do not pay child support in Alabama?
Each missed installment becomes a judgment that earns interest, and the state and the other parent have several tools to collect it. The main ones are below; the order in which they are used depends on the case.
Can Alabama garnish wages for unpaid child support?
Alabama requires an income withholding order in every original child support order, directing the employer to withhold support from income and pay it to the designee (Ala. Code 30-3-61). The Department of Human Resources has authority to increase the monthly payment to include an amount toward the arrearage, and its rule sets the added amount at 25% of the current support (Ala. Admin. Code ch. 660-3-16).
How much of my paycheck can be garnished for child support?
Federal law limits how much of disposable earnings can be garnished to enforce a support order: 50% if the person is supporting another spouse or child and 60% if not, rising to 55% and 65% for support that is more than 12 weeks overdue (15 U.S.C. 1673(b)(2)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Can you lose your driver’s license for unpaid child support in Alabama?
Chapter 3 of Title 30 of the Alabama Code has a separate article titled “Driver’s License Suspension or Revocation for Failure To Pay Support Payments” (Article 8). Ask the Child Support Enforcement Division or an attorney how it applies to your case.
Can unpaid child support affect a passport?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires the Secretary of State to refuse to issue a passport to that person and allows revoking, restricting or limiting one already issued (42 U.S.C. 652(k)). The Alabama arrears calculator warns when the unpaid principal passes that figure.
Can you go to court for contempt over unpaid child support in Alabama?
Yes. A parent who does not pay can be taken to court for contempt (Rule 70A, Alabama Rules of Civil Procedure), and the court can require a bond, security or other guarantee to secure payment of overdue support (Ala. Code 30-3-6). Alabama also provides for publishing lists of delinquent obligors (Ala. Code 30-3-8).
Is unpaid support collected like any other judgment?
Yes. Because each installment is a judgment, it can be collected by the same legal means as other judgments, including garnishment of wages or other property.
Where do you start?
The state’s Child Support Enforcement Division (Department of Human Resources) can take enforcement steps in cases it handles; a private attorney can file for contempt or garnishment. Add up the balance with the Alabama child support arrears calculator first, and if you cannot pay, look at modifying child support in Alabama before more installments fall due.
Frequently asked questions
What happens if you don’t pay child support in Alabama?
Each missed installment becomes a judgment that earns interest, and it can be collected through income withholding, license suspension, passport denial, contempt and other judgment remedies.
Can Alabama garnish wages for back child support?
Yes. Every original order includes a withholding order, and the state agency can increase the withholding to collect arrears, within federal garnishment limits.
How much of my wages can be garnished for child support in Alabama?
Federal law limits it to 50% or 60% of disposable earnings, and to 55% or 65% for support more than 12 weeks overdue.
When can the passport of an Alabama parent who owes child support be denied?
When a state agency certifies arrears of more than $2,500 under federal law.
Can an Alabama parent lose a driver’s license for unpaid support?
Alabama law provides for suspension or revocation of a driver's license for failure to pay support.
Official sources
- Ala. Code 8-8-10: interest on money judgments
- Ala. Code 8-8-11: application of partial payments
- Ala. Code 30-3-6.1: rebate of interest on delinquent child support
- Ala. Code 30-3-60: definitions, including post-majority enforcement of arrearages
- Alabama Department of Human Resources: interest rates on child support judgments
- 42 U.S.C. 666(a)(9): support installments are judgments
- Ala. Code 30-3-61: withholding order required in child support orders
- 42 U.S.C. 652(k): denial of passports for nonpayment of child support
- 15 U.S.C. 1673: restriction on garnishment
- Ala. Admin. Code ch. 660-3-16: income withholding
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.