Parenting Child Support Late Fees

Late Fees due to Delinquent Child Support

Representing Yourself in Court: this document provides great information that can help you through the legal process. It is recommended that you print, retain, and use this guide throughout this process to help you understand the steps you will need to take.

The following steps are a general overview of the process. Below you can find the Instructions for Late Fees and the Checklist to file. Both are extremely helpful documents, that contain a detailed step-by-step walkthrough of how to complete the documents, it is advised that you print and follow these directions closely.

Instructions for Late Fees
Checklist - Late Fees Due to Chronically Delinquent Child Support Payments

  • Steps to Start the Late Fee Payments Process

    1. Complete the Case Filing Statement - This document tells the court what type of case you are filing. For Late Fee Payments, select Separate Maintenance under the Family section of the first page. Next, select the appropriate selection under the Family section of the second page, depending on your parental status. Finally, fill in the information at the bottom of the document, which relates to your personal information. Remember to read and follow all instructions on the document. The form is provided below as both a word document and a pdf document; you may choose which one works best for you. Complete and print the form below.

      UJS 232 Fillable Civil Case Filing Statement (Word)
      UJS 232 Written Civil Case Filing Statement (Word)

    2. Complete the Petition for Order and Judgment Awarding Late Fees - This document is the form that will inform the court of the details of your request. It will detail the amount of payments the other party has not paid and will ask the court to order payment and a late fee for each month they did not pay the support.

      Petition for Order and Judgment Awarding Late Fees

    3. Complete the Notice of Filing - This form will inform the Obligor that you have filed the request for late fees with the court. It will inform them that they have the right to object to the imposition of the late fee.

      Notice of Filing

    4. Service to the Obligor - You must serve copies of the following documents to the Obligor,

      • Petition (completed in step 2)
      • Notice of Filing (completed in step 3)

      You MUST send the documents via certified mail to the Obligor. You do not need to send the documents by registered mail, nor do you need to insure it. Take the green card that the post office sends back to you to the Clerk of Court office immediately. The service to the obligor is considered complete when proof of the service (the green card) is filed with the Court.

    5. Complete the Notice of Hearing on Petition for Order and Judgment Awarding Late Fees - There is only a hearing if the Obligor files objections within 10 days from the date the green card (or Affidavit of Service) is filed with the Clerk (make sure to file it immediately). If No Objection has been filed skip to step 6.

      If there are objections filed, you need to request a hearing from the Clerk of Courts. Once a hearing date is sent you must complete the Notice of Hearing form and take the form to the Clerk of Court. The Clerk of Court will then send out copies to both parties.

      Notice of Hearing on Petition for Order and Judgment Awarding Late Fees

    6. Complete the Order and Judgment Awarding Late Fees (Objections Filed)

      Before the hearing date, you must print and take the Order and Judgment Awarding Late Fees form to the hearing. You MUST fill in the caption portion of the form; then STOP only a Judge may complete the rest of the form.

      If the court grants the late fees, the Judge will determine the amount and sign the Order. You will also be required to complete and file the Child Support Data Form. (Both forms can be found below)

      Order and Judgment Awarding Late Fees (Objections filed)
      Instructions for Child Support Order Filing Data Form

    7. Complete the Order and Judgment Awarding Late Fees (No Objections Filed) - This form will be completed and sent to the parties by the Court. No actions are required at this step; unless one of the parties has a change of address from the time you filed this action.

      Order and Judgment Awarding Late Fees (No Objections filed)

    8. Complete the Notice of Entry of Order and Judgment Awarding Late Fees
      The Notice of Entry of Order and Judgment Awarding Late Fees is a document that notifies the obligor that the Judge has signed an Order and Judgment Awarding Late Fees. This document must be sent to the obligor to start the appeal period and ensure finality to your action.

      You MUST file the original form with the Clerk of Court. You MUST make two copies of the Notice of Entry and mail one of the copies to the Obligor, with a copy of the signed Order and Judgment Awarding Late Fees.

      Notice of Entry of Order and Judgment Awarding Late Fees