Enforcing Child Support Payments in Texas: What Are Your Options?
Addressing and enforcing child support payments in Texas involves communicating with the co-parent, utilizing the services of the Office of the Attorney General (OAG), and understanding when it’s necessary to consult an attorney for further action, especially if enforcement efforts fail or modifications to the order are required.
Key Takeaways:
Child support is intended to balance the financial responsibility of raising a child, ensuring both parents contribute to the child's needs.
The OAG provides free enforcement services, but if their actions don’t resolve the issue, a lawyer can help explore additional legal remedies.
Consulting a Texas child support lawyer is essential if the non-custodial parent challenges the child support order, if the case escalates to court, or if modifications are required due to significant life changes.
Child support is the financial support that one parent is legally required to provide the other to help cover the costs of raising their child(ren), including expenses like food, housing, education, and medical care.Though many people have somewhat of a negative view of child support, it is not only meant to make sure a child’s basic needs are met, but also to balance the financial burden between parents. Depending on the custody arrangement, a child may live with one parent most of the time, meaning that they are the parent that is consistently shouldering the expense for the child’s meals, clothing, school supplies, and more - a responsibility that is meant to be carried by both parents, equally. So, child support is essential, not only for kids, but for parents, too! However, it is unfortunately all too common for the parent required to pay child support to neglect that obligation, leaving their child(ren) and the other parent in a state of uncertainty. This isn’t fair for anyone, so it’s important to know what to do in these situations.In this blog, we’ll help you understand what your options are for enforcing child support if your co-parent has fallen behind on payments or flat-out refused to pay.
Understanding Child Support in Texas
One of the main reasons child support is viewed in such a negative light is that many people believe one parent simply chooses an excessive amount to force the other parent to pay in order to punish them or get back at them. This couldn’t be farther from the truth, so we’re setting the record straight!Child support is not some willy-nilly number chosen at random. It’s calculated using a formula based on each parent’s net resources and the number of children being supported. Net resources could include:
Wages, salary, and other compensation
Self-employment income
Interests, dividends, and royalties
Net rental income
Pension, unemployment benefits, disability, and retirement benefits
One of the main reasons child support issues - like non-payment or late payments - is that the paying parent feels as if they are paying an unfair amount, especially if they still have a significant amount of time with the child per the custody agreement. However, as already stated, child support is meant to balance the financial burden of raising kids - not rob a person of their hard-earned money.
What Should Be Your First Step When Child Support Issues Arise?
Not all child support issues arise because your co-parent is intentionally withholding payments or not fulfilling their obligations. If they have historically been consistent with child support payments, but suddenly an issue arises, there may be an understandable explanation - such as a change in their income, personal circumstances that impacted their finances, or a misunderstanding of the payment schedule.Before jumping to conclusions or taking legal action, try reaching out to your co-parent to discuss the situation. Many times, open and honest communication can help resolve misunderstandings or mistakes without escalating the situation. Start by discussing the problem calmly and respectfully, and be sure to keep the conversation focused on finding a solution for the benefit of your childIt may help to review the child support agreement together to ensure you’re both clear on the terms. Addressing the issue cooperatively can save time, money, and stress compared to pursuing legal action, especially if it was an honest mistake. However, if problems continue to arise or your co-parent is hostile to you when you try to find a realistic solution, it may be time to consider how you’ll move forward.
Understanding the Child Support Enforcement Process in Texas
In Texas, child support - including enforcement - is handled through the Office of the Attorney General. So, if child support payments are consistently late or missed, you will file a request for enforcement through their website. This service is free, as opposed to asking an attorney to handle the enforcement, which can be costly - so start here.In the process of filing your request, you will submit necessary information, like a copy of the child support order, documentation of missed/late payments, and any communication you’ve had with the other parent regarding the issue. Based on this information, the OAG may open a case, or they may decide that there is not enough evidence to warrant enforcement action.If they do open a case, they will make contact with your co-parent to see if the issue can be resolved without going to court, such as through payment plans or even a modification of the child support order, in some cases. If none of these options improve the situation, the OAG may initiate enforcement actions such as:
Wage garnishment
Bank account levies
Interception of tax refunds
Driver’s, professional, hunting, or fishing license revocation
If the OAG’s enforcement actions still do not work, they may file a motion with the court to hold the non-paying parent in contempt of court, which could then lead to fines or even jail time.
When Should You Consult an Attorney?
Even though consulting an attorney should not be your immediate reaction to child support payment issues, it may become necessary at some point, depending on how things play out. For instance, if:
The OAG’s Enforcement Efforts Aren’t Effective: If the Texas Office of the Attorney General's (OAG) enforcement actions, like wage garnishment or tax refund interception, aren’t resolving the issue, a lawyer can help you explore additional legal options.
The Non-Custodial Parent Challenges the Child Support Order: If the non-custodial parent disputes the child support order or the enforcement actions, an attorney can help you navigate the legal process and protect your rights.
Your Case Escalates to Court: If the OAG decides to initiate court action, such as filing for contempt or seeking more severe enforcement measures, having a Texas child support lawyer is crucial to represent your interests in court.
You Need a Child Support Modification: If there is a significant change in circumstances, such as a change in income, job loss, or other relevant events impacting the existing arrangement and you need to modify the child support order, a lawyer can guide you through the legal steps to request a modification.
You Are Facing Difficulties with Complex Situations: If the case involves complicated financial or custodial issues, or if you’re unsure of how to handle unique circumstances, consulting with a Texas child support lawyer can provide clarity and ensure the process is handled correctly.
Don’t Wait for Things to Get Worse.
Contact Hembree Bell Law Firm Today to Learn Your Options and Next Steps
It’s unfair to expect one parent to shoulder the entire financial responsibility, especially when there’s a legal obligation in place. The financial strain, stress, and emotional toll can be overwhelming - not to mention the needs of the children are likely to go unmet. Both parents have a duty to support their children, and when one fails to fulfill that duty, it creates an imbalance that can impact the whole family! At Hembree Bell Law Firm, our seasoned Texas child support lawyers understand the importance of fair and timely child support payments, and we’re committed to ensuring that both you and your children receive the support you’re entitled to. With decades of collective experience, we’ll work swiftly and efficiently on your behalf, so you can move forward with peace of mind, knowing your children’s needs are being met!Contact our office today to book your free case evaluation and get the support you deserve!