Introduction:
Child support is vital to ensuring that children receive the financial support they need after their parents separate or divorce. When a parent refuses or fails to make child support payments, it can create significant financial stress for the custodial parent and, more importantly, may jeopardize the child’s well-being. Fortunately, Texas law provides several legal remedies for parents struggling to enforce child support payments.
Understanding Texas Child Support Laws
In Texas, child support is calculated based on specific guidelines that consider the non-custodial parent’s income and the number of children they must support. The court issues a child support order as part of a divorce or custody agreement, and this order legally obligates the non-custodial parent to make regular payments.
What Are My Legal Options if My Ex Refuses to Pay Child Support in Texas?
If your ex is not paying child support, you have several options to enforce the court order. Texas offers a variety of enforcement mechanisms designed to ensure that non-paying parents are held accountable. Here’s a breakdown of the primary methods you can use:
Filing a Motion for Enforcement
The most direct way to address unpaid child support is by filing a “Motion for Enforcement” in court. This legal document asks the court to enforce the existing child support order and can request various remedies, including wage garnishment or even jail time.
A Motion for Enforcement details the amount of child support that remains unpaid and asks the court to take specific actions to force compliance. You will need to provide evidence of missed payments, such as bank records or receipts, to support your claim.
Wage Garnishment
One of the most effective tools for collecting unpaid child support in Texas is wage garnishment. The court can order the non-paying parent’s employer to withhold a portion of their paycheck and send it directly to the Texas Child Support Disbursement Unit, which will then forward the funds to you.
Wage garnishment can be a powerful deterrent, as it ensures that child support is taken out before the non-custodial parent receives their wages, reducing the likelihood of future missed payments.
Contempt of Court
If your ex continuously refuses to pay child support despite a court order, they may be held in contempt of court. Contempt is a serious legal charge, and a parent found guilty of contempt for failing to pay child support could face fines, additional penalties, or even jail time. Courts in Texas typically reserve jail time for severe or repeat offenders, but it remains an option for extreme cases of non-compliance.
Texas Attorney General’s Office Involvement
The Texas Attorney General’s Office provides a child support enforcement division that can assist in collecting unpaid child support. By opening a case with the Attorney General, you can take advantage of their resources, including locating the non-paying parent, intercepting tax refunds, suspending driver’s licenses, and more.
Intercepting Tax Refunds
Texas law allows for the interception of federal income tax refunds for unpaid child support. If your ex is delinquent on child support payments, their tax refund can be seized and used to pay down their arrears. This is a common and effective method of recovering unpaid child support.
Suspension of Licenses
Texas courts have the authority to suspend the driver’s license, professional licenses, or even hunting and fishing licenses of parents who fail to pay child support. License suspensions often motivate delinquent parents to make payments, as they rely on their licenses for employment or personal activities.
Liens on Property
In Texas, a child support lien can be placed on the delinquent parent’s property, including real estate, bank accounts, and personal assets. This lien prevents the non-paying parent from selling or transferring ownership of these assets until the child support arrears are paid in full.
Texas Case Law Examples: How Courts Handle Child Support Non-Payment
Texas case law provides valuable insights into how courts handle child support enforcement. Below are some important case law examples that illustrate how Texas courts approach situations where parents fail to pay child support.
In re J.J.G., 543 S.W.3d 764 (Tex. App. 2018)
This case demonstrates how courts handle ongoing non-payment of child support. In In re J.J.G., the father failed to make child support payments for an extended period, leading the custodial parent to file a Motion for Enforcement. The court ruled that the father was in contempt of court for willfully neglecting his child support obligations and ordered jail time, along with wage garnishment.
This case highlights the potential consequences of repeated non-payment and how Texas courts prioritize enforcing child support orders.
Office of the Attorney General of Texas v. Scholer, 403 S.W.3d 859 (Tex. App. 2013)
In this case, the Texas Attorney General’s Office pursued enforcement of child support against a parent who attempted to evade payment by moving out of state. The court ruled that the non-custodial parent was still responsible for making child support payments and ordered wage garnishment. The ruling reinforced the principle that child support obligations continue regardless of where the non-custodial parent resides.
Hicks v. Hicks, 348 S.W.3d 281 (Tex. App. 2011)
This case involves the suspension of a father’s driver’s license due to unpaid child support. The father argued that suspending his license would prevent him from working and, therefore, from paying child support. However, the court ruled that the suspension was appropriate, given the father’s history of missed payments and non-compliance with court orders.
Williams v. Williams, 821 S.W.2d 141 (Tex. 1991)
In this case, the court emphasized the importance of child support as a legal obligation that cannot be ignored. The father in this case argued that his financial situation had changed and he could no longer afford to pay child support. However, the court ruled that he had failed to properly file for a modification of the support order, and as a result, he was held liable for the unpaid amount, plus interest.
What Should I Do if My Ex Claims They Can Not Afford To Pay?
It is not uncommon for non-custodial parents to claim that they cannot afford to pay child support due to financial difficulties. However, Texas law requires that parents facing legitimate financial challenges take action through the legal system rather than simply stop paying.
Requesting a Modification of Child Support
If your ex claims they cannot afford their child support payments, they have the option to file a petition for a modification of the support order. Texas courts allow modifications if there has been a substantial change in circumstances, such as job loss, significant medical expenses, or a decrease in income.
However, until the court approves a modification, the original support order remains in effect, and the non-custodial parent is legally required to continue making payments. Ignoring the support order without filing for a modification can result in penalties and additional arrears.
Proving a Substantial Change in Circumstances
To successfully modify a child support order, the parent requesting the modification must provide evidence of a significant change in their financial situation. Courts will review the evidence to determine whether the parent’s inability to pay is temporary or permanent and whether the modification is justified.
Temporary Financial Hardships
Even if a parent is facing temporary financial difficulties, they are still expected to pay child support. Courts may grant short-term relief, such as reducing payments for a limited period, but the parent must prove that their financial situation will improve in the near future.
How can we assist?
When an ex-spouse fails to fulfill this obligation, the custodial parent has the right to seek legal enforcement through various channels. Texas courts take child support non-payment seriously, and several mechanisms are in place to ensure that children receive the financial support they are entitled to.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.