Introduction
The State of Texas realizes that ensuring consistent child support payments is essential for the well-being of children. Accordingly, Texas law provides multiple enforcement mechanisms to hold non-paying parents accountable. If you’re struggling to receive child support, understanding your legal options can help you take action effectively. This guide explores how child support enforcement works in Texas, and what steps you can take to secure payments.
Legal Framework for Child Support Enforcement
When a Texas court orders child support, the obligation is not merely an ordinary debt (such as a credit card charge), which can be paid late, or ignored for a while, often without significant consequence (other than a hit to a credit report). If child support payments are missed, then enforcement measures can be pursued through private legal action or through the Texas Attorney General’s Office. That enforcement can have significant effects on the paying parent.
Importantly, if you incur attorney’s fees and court costs (such as by hiring a private attorney to represent you in enforcing the child support payments), the court’s judgment (decision) will usually include ordering the reimbursement of your attorney’s fees and court costs incurred in holding the paying parent accountable, as well as awarding you interest on the missed payments. The idea is to fully make-up to you what you lost because of the missed child support payments (what the law terms as “making you whole”).
The Texas Family Code allows various enforcement mechanisms to ensure compliance, and courts have the authority to impose penalties on parents who fail to pay, such as the following:
1. Contempt of Court Charges
This is often the most direct and effective manner of enforcement. If a parent ignores court-ordered child support obligations, then they can be held in contempt of court, leading to fines and/or jail time. Usually, they are put on probation the first time that they are held in contempt, with terms of that probation including their making all court-ordered payments on time, making payments towards their child support arrearage (their balance owed to you), reimbursing your attorney’s fees and court costs, as well as paying interest to you on their missed child support payments. Importantly, if they fail to meet those terms, then their probation can be revoked by the court, and the parent put in jail.
2. Wage Withholding for Child Support Arrearage Amounts
Even though there may be a Wage Withholding Order already entered for current child support, the court may enter an additional one covering the child support arrearage. And, of course, employers are legally required to comply with those orders, or else find themselves in contempt of court.
3. License Suspension
Texas law allows the suspension of driver’s licenses, professional licenses, hunting, and fishing licenses for parents who fail to pay child support. Losing those privileges can serve as a strong motivation to fulfill financial obligations.
4. Passport Denial
If a parent owes more than $2,500 in past-due child support, they may be denied a passport, preventing them from leaving the country.
How to Take Action
If you’re facing issues with child support enforcement, here’s how you can initiate action:
- Hire a Family Law Attorney – A private attorney can help file enforcement motions, provide you with personalized attention, and take your preferences into account when setting hearings and processing your case.
- Contact the Texas Attorney General’s Office – They offer free enforcement services, including wage garnishment and legal action against delinquent parents. Because they are under-resourced (given the number of cases that they have), using them can be slower than using a private attorney. And, you may find that they are less able to accommodate your schedule and preferences.
Conclusion
Enforcing child support in Texas is crucial for the financial security of children. If you’re experiencing difficulties, legal mechanisms exist to ensure compliance. Whether through private legal action or government enforcement, there are steps you can take to hold non-paying parents accountable. Courts take violations of child support orders seriously and can and will impose severe consequences.
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1 If the parent is working, then the court may consider allowing the parent to serve his jail sentence (usually 180 days) by going to jail each weekend. And, it takes a whole lot of weekends to equal 180 days.