How Does Child Support Enforcement Work in Texas?

It is a legal obligation for each parent of a child to provide for them, including financially. When a parent fails to provide child support, they can face various penalties and other consequences when the court order is enforced. How does child support enforcement work in Texas? It varies case by case, but child support enforcement can involve seizing your bank accounts, garnishing your wages, and even being held in contempt of court.

When to Hire a Child Support Lawyer for Enforcement Concerns

Child support is a legal obligation that requires one parent to provide financial support to the other. The purpose of this support is to help in ensuring the child’s basic needs are met, covering expenses such as:

• Basic needs, like food, shelter, clothing
• Healthcare and medical costs
• Childcare expenses
• Extracurricular activities

Whether you need to establish or modify a child support court order, it’s recommended that you hire a child support lawyer. It’s also advisable that you consult an experienced child support attorney when you need assistance enforcing the court order. When the party ordered to provide child support fails to do so, enforcement measures may be required.

In fiscal year 2020, the state of Texas collected more than 4.8 billion dollars in child support, which is more than 10 percent more than the previous year. Texas collects more total child support than 27 other states and territories combined.

How Does Child Support Enforcement Work in Texas?

If you or your child’s other parent has failed to comply with a child support court order, enforcement measures are likely soon to follow. The court has numerous ways to enforce payment and secure the owed funds, such as the seizure of tax refunds or bank accounts, or garnishing your wages.

There are also penalties associated with not paying child support. These include a suspension of your driver’s license or even professional and hunting licenses, in addition to being held in contempt of court. Willful non-payment of child support can result in fines, probation, and even jail time.

Choose Jimmy Vaught of Counsel for the Eggleston Law Firm for Your Case

Texas child support laws can be complex to navigate. It’s a good idea to work alongside a qualified child support and family law attorney when handling important matters such as court order enforcement. You can feel confident that your case is in good hands with Jimmy Vaught of Counsel for the Eggleston Law Firm. Jimmy Vaught has over 40 years of legal experience and strives to find a solution that works for his clients’ needs.

The legal venue where your child support case may go can depend on a few different factors. Primarily, the specific courthouse you should file with depends on where you are located. Child support cases in Austin and throughout the Travis County area are likely to be processed by the Travis County Civil and Family Courts Facility, which is located at 1700 Guadalupe Street, Austin, TX 78701.

FAQs

Is Child Support Always Required in Texas?

In Texas, child support is required in the vast majority of cases. It is a parent’s legal obligation to provide for their child, including through financial means. This applies regardless of the parents’ income, and even if the parent is unemployed or incarcerated, there is no exception. In certain instances, support orders can be changed so the paying party is able to feasibly provide payments, such as when the parent is disabled or their source of income changes.

What Happens If Child Support Isn’t Paid in Texas?

In Texas, if a parent fails to pay child support according to a court order, there can be severe consequences. Court orders are legally enforceable, meaning that even if you forget a payment or fall behind financially, the court will find a way to ensure the child support is paid. This can mean your bank accounts or tax returns may be seized, or your wages may be garnished. Refusing to pay can also result in jail time and other penalties.

What Should I Do If My Ex Refuses to Pay Child Support?

If your ex refuses to pay child support, you have options to ensure you receive the funds necessary to provide for your child. Firstly, if you and your co-parent don’t have an established child support order, you should speak to a lawyer about obtaining one. This way, the court can take official action if support isn’t paid, and you know what to expect in receiving regular payments. If your ex still refuses to pay, speak with your lawyer about enforcement.

What’s the Difference Between Child Support Modification and Enforcement?

Modification and enforcement are similar legal processes, but there is an important distinction. When a child support order is put in place, it must be followed, and failing to do so can result in negative consequences.

Enforcement is the process of ensuring a court order is adhered to, whether it be through warnings, penalties, or other means. In contrast, modification is changing a court order so that the terms are different. A child support modification may follow enforcement in some cases.

Can I Fight Child Support in Texas?

In the state of Texas, a parent has the right to fight against paying child support, but you generally need a sensible reason for doing so in order for the court order to be modified. A parent may contest a child support order if they are no longer able to pay it or they feel the amount is beyond what’s necessary. A modification request may be appropriate if custody arrangements have changed or if either parent’s financial circumstances have changed.

Legal Representation for Child Support Enforcement

Whether you need help making sure you receive necessary child support or you’ve failed to pay the support yourself, Jimmy Vaught of Counsel for the Eggleston Law Firm can provide counsel and representation to you throughout the enforcement process. Reach out to our team today to schedule an initial consultation with attorney Jimmy Vaught.