texas child support enforcement laws

Texas Child Support Enforcement

Posted on by 2nd Year Intern

Texas Child Support Enforcement

Article from the TEXAS DIVORCE PROCESS series: Child support money is often used for the welfare of the child involved. Child support is necessary because children do best when they receive both emotional and financial support from their parents. However, before these payments start, a child support order that specifies the amount that has to be paid must be given by the court. After that, the order has to be enforced because sometimes the parties involved may choose not to obey them. 

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Who Pays Child Support

Before a child support order is enforced by the government, the person who should pay it and the amount they should pay must be established. Normally it is the non-custodial parent or the parent that spends less time with the child that has to pay. However, most of the time divorcing or separating parents agree on child support payment amount without going to court. But a court has to sign that agreement for it to be enforceable. 

 The court can also give an order about who should pay child support and child support amounts if the parents cannot agree. Once the order is given, enforcement actions can be applied on the non-custodial parent if that parent fails or refuses to pay child support. You will need a child support lawyer to guide you in such situations. 

For more info, schedule a consult with an attorney.

How The Office Of The Attorney General Enforces the Order

What happens if you don’t pay child support in Texas

texas child support enforcement lawsIf the non-custodial parent isn’t making payments as specified by the court order, the custodial parent can file an enforcement order with the appropriate court. By doing this, the custodial parent is actually asking the judge to force the delinquent parent to follow court orders. Child support enforcement involves the Office of the Attorney General taking actions such as:

  • License suspension: The OAG can ask 60 licensing agencies to suspend a non-custodial parent’s fishing, hunting, drivers and professional license if that parent does not pay child support.
  • Passport denial: If you do not child support, you may not be able to get a passport or renew a passport
  • Lottery intercept: If you win a lottery but are not paying child support, the prize will be intercepted and used to pay the child’s medical and dental support arrears.
  • Criminal or civil contempt: You may be forced to pay a fine for each missed payment or sentenced to jail if your fail to pay child support.
  • Liens: The Child Support Division can file liens against the non-custodial parent’s property and assets such as motor vehicles, land, houses and so on
  • Wage withholding: Authorities can also track the paying parent’s employer and make that employer deduct child support from that parent’s paychecks. 

These are just some of the actions the OAG can take to enforce child support. You can hire a lawyer to help you pursue child support enforcement on your behalf. The non-custodial parent can seek for child support modification if there has been a material or substantial change in circumstances. For instance, losing your job, earning less income, and having a disability are some of the reasons why you may need to seek support modification.