Writ of Execution

When a paying parent fails to make court-ordered support payments a writ of execution can be issued. A levying officer, usually the sheriff's office, serves the writ on the parent or person or company that is holding an asset of the parent - such as a bank account, retirement fund, inheritance, boat, rental property, etc. -- and takes control of the property.

The paying parent has a short period of time after the property is seized to go to court to request the writ be quashed. The writ will only be quashed if the property seized is exempt from execution, if the seizure was improper, or the debt was already paid.

If the writ is not quashed and the property seized is cash or money in an account it will be turned over to the child support agency. If the property seized is not cash, it will be sold at auction and the money from the sale will be turned over to the child support agency.