Child support is a vital part of ensuring that children receive the financial care they need. When parents in Texas separate or divorce, a court often orders one parent to provide child support to help with the child’s expenses. Unfortunately, there are times when the parent required to pay child support does not follow through. This can leave the custodial parent struggling to cover the costs of raising a child. Enforcing child support orders in Texas can be a challenging process, but there are ways to ensure that the orders are followed. Understanding your rights and the steps you can take is important in making sure your child gets the financial support they deserve. At, McCarty Larson, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Child Support Orders in Texas
A child support order is a legal document issued by the court that requires one parent to make regular payments to help support their child. In Texas, the amount of child support is determined based on the non-custodial parent’s income and the number of children involved. The court considers factors such as the parent’s earnings, the needs of the child, and any other financial responsibilities. The goal is to provide enough support to meet the child’s needs, including food, clothing, education, and medical care. Once a child support order is established, both parents are expected to follow it.
Despite the clear requirements, some parents may fail to make their payments on time or may try to avoid paying altogether. This can be frustrating and stressful for the parent who relies on those payments to care for the child. Texas has laws in place to help enforce these orders, but it is often necessary for the custodial parent to take action to ensure compliance.
Common Reasons for Missed Child Support Payments
There are several reasons why a parent might miss child support payments. In some cases, the paying parent may face unexpected financial difficulties, such as losing a job or experiencing a significant drop in income. They may feel overwhelmed by their financial situation and believe they cannot afford the payments. In other instances, the parent may be intentionally avoiding their obligations, either due to disagreements with the other parent or a desire to shirk financial responsibility.
Regardless of the reason, missed payments can create financial stress for the custodial parent and can negatively impact the child’s well-being. It is important for parents who are not receiving the payments to understand that they have options and legal avenues available to them for enforcing the child support order.
Methods for Enforcing Child Support Orders
Texas provides several methods for enforcing child support orders. One of the most common methods is wage garnishment. In wage garnishment, the child support payments are taken directly from the paying parent’s paycheck by their employer. The employer then sends the money to the state, which distributes it to the custodial parent. This method is effective because it takes the payments directly from the source, reducing the risk of missed payments.
Another method for enforcing child support is through the interception of tax refunds. If a parent is behind on their child support payments, the state can intercept their federal or state tax refund and use it to cover the unpaid child support. This can be a helpful way to recover some of the money that is owed, especially if the parent has a large outstanding balance.
The state of Texas can also suspend the delinquent parent’s licenses. This can include their driver’s license, professional licenses, and even hunting and fishing licenses. The idea behind this action is to encourage the parent to make their payments in order to regain their driving or working privileges. In severe cases, the court may find the non-paying parent in contempt of court. This can result in fines, jail time, or other penalties. However, the goal is not to punish the parent but to encourage them to make the necessary payments to support their child.
Filing a Motion for Enforcement in Texas
If the above methods do not work, the custodial parent can file a motion for enforcement with the court. A motion for enforcement asks the court to take action against the non-paying parent. This process involves proving that the parent has failed to make the required payments and asking the court to enforce the order. When filing a motion for enforcement, it is important to provide evidence of missed payments. This can include bank statements, payment records, and any other documents that show the payments were not made as ordered.
Once the motion is filed, a hearing will be scheduled. Both parents will have the opportunity to present their case at the hearing. The court will review the evidence and determine whether the parent has failed to comply with the child support order. If the court finds that the parent has not made the payments, it can take action to enforce the order. This may include wage garnishment, license suspension, or even jail time in extreme cases.
Seeking Help from the Texas Child Support Division
The Texas Child Support Division can also assist with enforcing child support orders. This state agency helps parents collect child support payments and provides services such as wage garnishment, tax refund interception, and license suspension. The agency can also help locate parents who have moved or are trying to avoid their obligations. To get help from the Texas Child Support Division, the custodial parent can open a case with the agency. The agency will then work to collect the payments and enforce the child support order.
While the Texas Child Support Division can be a helpful resource, it is important to note that the process can be slow. The agency handles a large number of cases, and it may take time for them to take action on a specific case. For this reason, some parents may choose to work with a family law attorney to help speed up the process and ensure their case receives the attention it needs.
Modifying a Child Support Order
In some cases, the paying parent may have a legitimate reason for not making their payments. If the parent’s financial situation has changed significantly, they may be able to request a modification of the child support order. A modification can be requested if there has been a substantial change in circumstances, such as a job loss or a significant change in income. To request a modification, the parent must file a petition with the court. The court will review the request and determine whether a modification is warranted.
It is important for the paying parent to request a modification as soon as their financial situation changes. Simply stopping payments without a court-approved modification can result in legal consequences. Until the court approves the modification, the parent is still required to make the full payments as originally ordered.
When to Seek Legal Assistance
Enforcing child support orders can be a complex and frustrating process. While the Texas Child Support Division offers assistance, some parents find it helpful to work with a family law attorney. An attorney can provide guidance on the best steps to take, help gather evidence, and represent the parent in court if necessary. They can also assist with filing motions for enforcement and requesting modifications of the child support order.
Working with an attorney can help ensure that the custodial parent’s rights are protected and that they receive the financial support needed to care for their child. An attorney can also help navigate the legal process and explain the options available for enforcing the child support order. For parents who are struggling to collect child support payments, seeking legal assistance can make a significant difference in the outcome of their case.
Understanding the Importance of Timely Child Support Payments
Timely child support payments are essential for the well-being of the child. The money provided through child support helps cover the costs of raising a child, including food, clothing, housing, and medical care. When payments are missed, it can create financial difficulties for the custodial parent and affect the child’s quality of life. Enforcing child support orders is important to ensure that the child receives the financial support they need and that both parents fulfill their responsibilities.
While enforcing child support orders can be a difficult process, it is important for the custodial parent to take action if the payments are not being made. Understanding the available options and seeking help when needed can help ensure that the child receives the financial care they deserve.
If you are facing issues with enforcing a child support order in Texas, McCarty Larson, PLLC is here to help. Our experienced family law attorneys understand the challenges you may be dealing with and are dedicated to helping you secure the financial support your child needs. Do not wait to take action. Contact McCarty Larson, PLLC today to discuss your case and find out how we can assist you in enforcing your child support order. Your child’s well-being is our priority, and we are committed to helping you get the support you deserve.