How to Enforce a Court-Ordered Child Support Agreement in Texas
Child support agreements are legally binding orders established to provide financial support for the well-being of a child. These orders are critical in making sure that children have access to the resources they need for housing, education, healthcare, and other necessities.
However, there are situations where one parent may fail to meet their obligations under a court-ordered child support agreement. If you're dealing with unpaid child support, understanding the enforcement options available under Texas law is vital.
At Thaler Law in Georgetown, Texas, our child support lawyers are dedicated to protecting your parental rights and the rights of your child. Here's what you need to know about how to enforce court-ordered child support agreements.
Court-Ordered Child Support in Texas
Child support agreements are typically part of a divorce decree or paternity suit and are established to meet the child’s financial needs.
The Texas Family Code outlines the guidelines for determining child support obligations, including factors like the paying parent’s income, the number of children, and any special circumstances, such as medical needs.
Once the court finalizes a child support order, both parents are legally required to comply. The paying parent (referred to as the “obligor”) must make regular payments as outlined in the order, and the receiving parent (referred to as the “obligee”) has the right to collect these payments for the child’s benefit.
When a parent fails to fulfill their child support obligations, the other parent has legal options to enforce the order and recover unpaid support.
Common Reasons for Non-Compliance
Parents may fail to meet their child support obligations for various reasons. Some of the most common include:
Financial hardship: The obligor may have lost their job, experienced a reduction in income, or faced unexpected expenses that impact their ability to pay.
Willful refusal to pay: In some cases, the obligor may intentionally refuse to make child support payments.
Misunderstandings about the order: The obligor might be unclear about the terms of the order or mistakenly believe their obligation has ended.
Regardless of the reason, failure to pay child support is a serious matter, and Texas courts have mechanisms to enforce compliance.
Steps to Enforce a Child Support Agreement
If the other parent fails to pay child support as ordered, you have several enforcement options under Texas law. These actions aim to recover the owed support and compel the non-paying parent to comply with their obligations.
1. Contact the Texas Child Support Division
The Texas Office of the Attorney General (OAG) oversees child support enforcement. If you aren't receiving payments, you can open a case with the Child Support Division to seek assistance.
This state agency has the authority to enforce child support orders through various administrative actions, such as wage garnishment and interception of tax refunds.
Filing a complaint with the OAG can be a useful first step for parents who are dealing with unpaid support. However, the process can take time, especially if the obligor disputes the claim or is difficult to locate.
2. File a Motion for Enforcement
If administrative efforts aren't effective, filing a motion for enforcement in court is a legal remedy to address unpaid child support. A motion for enforcement asks the court to compel the non-paying parent to meet their obligations under the original order.
When filing this motion, you'll need to provide evidence of the non-payment, including records of missed payments, bank statements, and communication with the other parent. A family law attorney can assist you in gathering the necessary documentation and presenting a strong case.
The court may schedule a hearing to review the evidence and hear from both parties. If the court finds that the obligor has failed to comply with the child support order, it can take various enforcement actions to collect the unpaid support.
3. Enforcement Actions Available Under Texas Law
Texas courts have significant authority to enforce child support orders and penalize non-compliant parents. Some of the most common enforcement actions include:
Wage garnishment: The court can order the obligor’s employer to withhold child support payments directly from their paycheck. This is one of the most effective ways to recover unpaid support.
Seizure of assets: The court may authorize the seizure of the obligor’s bank accounts, property, or other assets to satisfy the owed child support.
Interception of tax refunds: The OAG can intercept federal and state tax refunds to collect unpaid child support.
License suspension: A parent who fails to pay child support may have their driver’s license, professional license, or recreational license suspended.
Contempt of court: If the obligor willfully disobeys the court order, they may be held in contempt of court. This can result in fines, probation, or even jail time.
4. Pursue Interest on Unpaid Support
According to the Office of the Attorney General, in Texas, unpaid child support accrues interest at a rate of 6% annually. If the obligor has a history of missed payments, you may be entitled to collect both the past-due amount and the accumulated interest.
A family lawyer like Attorney Jessica Thaler can calculate the total amount owed, including interest, and present this figure to the court.
5. Request Legal Fees
In enforcement cases, the court may order the non-compliant parent to pay the obligee’s legal fees. This helps alleviate the financial burden of pursuing enforcement and holds the obligor accountable for the costs incurred due to their non-compliance.
Avoiding Retaliation and Protecting the Child
When enforcing a child support agreement, it’s essential to focus on the child’s well-being and avoid retaliatory behavior. For example, withholding visitation rights in response to unpaid child support isn't permitted under Texas law.
Child support and visitation are separate legal matters, and one parent’s failure to comply with a court order doesn't justify non-compliance by the other parent.
By working within the legal system and seeking enforcement through the proper channels, you can uphold the child support order while protecting your child’s best interests.
Modifications and Non-Payment
It’s worth noting that child support orders can sometimes be modified if circumstances have changed significantly. For example, if the obligor has lost their job or experienced a major financial setback, they may request a modification of the support order to reflect their new circumstances.
However, the obligor can't simply stop making payments without first obtaining a court-approved modification.
If the obligor claims they can't pay, the court will review their financial situation and determine whether a modification is warranted. Until the order is modified, the obligor remains responsible for paying the full amount as originally ordered.
Challenging Non-Payment Excuses in Court
When a parent fails to pay child support, they may attempt to provide excuses or justifications for their non-compliance. While genuine hardships, such as unemployment or medical emergencies, may be considered valid by the court, it's important to distinguish between legitimate reasons and attempts to avoid responsibility.
Texas courts require obligors to provide evidence supporting their claims of inability to pay. For example, an obligor who claims financial hardship will need to present documentation such as income statements, tax returns, or proof of unemployment.
Simply claiming they are unable to pay without evidence is unlikely to persuade the court.
Additionally, the court may examine whether the obligor has made a reasonable effort to find employment or generate income to meet their obligations. Parents who deliberately reduce their income to avoid paying child support—such as quitting a job or working under the table—can face significant penalties.
The court has the discretion to impute income to the obligor based on their earning potential, making sure that they can't shirk their responsibilities through manipulation.
If the obligor is presenting excuses that seem dubious, a family lawyer can challenge these claims by gathering evidence, such as proof of undisclosed income or a lack of effort to secure employment. Courts prioritize the child’s financial security, making it difficult for obligors to evade payment through unfounded arguments.
Contact a Child Support Lawyer Today
When it comes to enforcing a child support order, having the right legal support can make a significant difference. Our child support lawyers at Thaler Law provide services to clients in Georgetown, Williamson County, and the surrounding areas. Contact us today for more information.
