Introduction
Child support orders are crucial for ensuring that children receive the financial support they need. Unfortunately, enforcing these orders can be a challenge when a non-custodial parent fails to pay. Whether it’s due to financial hardship, deliberate avoidance, or misunderstanding of obligations, non-payment of child support places significant stress on custodial parents and negatively impacts children’s well-being.
Why Enforcing Child Support Is Important
Child support is designed to cover the costs of raising a child, including: Housing and utilities, Food and clothing, Education and school supplies, Healthcare and medical expenses, Extracurricular activities
When child support is not paid, custodial parents often face financial hardship, which can affect the child’s quality of life. That’s why the legal system provides tools to enforce child support orders and hold non-compliant parents accountable.
Common Reasons for Non-Payment of Child Support
Non-custodial parents may fail to pay child support for various reasons, including:
- Financial Hardship: Loss of income due to unemployment, illness, or other factors.
- Intentional Avoidance: Deliberately avoiding payments to escape financial responsibility.
- Disputes Over Amounts: Believing the ordered amount is unfair or excessive.
- Lack of Understanding: Misunderstanding the terms of the child support order or believing payments are optional.
Regardless of the reason, non-payment is a violation of a court order and can lead to serious legal consequences.
Legal Tools for Enforcing Child Support
- Income Withholding (Wage Garnishment)
The most common method for enforcing child support is wage garnishment. Under this process:
- A court or child support agency sends an income withholding order to the non-custodial parent’s employer.
- The employer automatically deducts the child support amount from the parent’s paycheck and forwards it to the appropriate agency.
Advantages:
- Reliable and consistent payments.
- Reduces the custodial parent’s need to track down payments.
- Intercepting Tax Refunds
The Federal Tax Refund Offset Program allows child support agencies to intercept federal and state tax refunds of parents who owe back child support.
- The intercepted funds are applied directly to the overdue child support balance.
- Suspension of Licenses
Non-payment of child support can result in the suspension of various licenses, including:
- Driver’s licenses
- Professional licenses (e.g., medical, legal, or real estate licenses)
- Recreational licenses (e.g., hunting or fishing licenses)
This penalty is often used to encourage compliance.
- Seizure of Assets
Courts can order the seizure of the non-custodial parent’s assets, including:
- Bank accounts
- Investment accounts
- Property or other valuable assets
Example: If a non-custodial parent owns a second home, the court can order its sale to cover unpaid child support.
- Contempt of Court
If other enforcement methods fail, the custodial parent can ask the court to hold the non-custodial parent in contempt of court. This is a serious legal action that may result in:
- Fines
- Jail time
- Additional legal fees
- Passport Denial
Under federal law, a parent who owes more than $2,500 in back child support can have their passport application denied or their current passport revoked.
- Credit Reporting
Unpaid child support can be reported to credit bureaus, negatively affecting the non-custodial parent’s credit score. This can impact their ability to obtain loans, mortgages, or credit cards.
Steps to Enforce a Child Support Order
Step 1: Contact Your Local Child Support Enforcement Office
In Texas, the Office of the Attorney General (OAG) handles child support enforcement. You can file a complaint with the OAG to initiate enforcement actions.
Step 2: Document the Non-Payment
Keep detailed records of missed payments, including dates, amounts, and communication attempts. This evidence is critical if you need to take legal action.
Step 3: File a Motion for Enforcement in Court
If child support enforcement efforts through the OAG are unsuccessful, you can file a Motion for Enforcement with the family court. This legal document asks the court to take action against the non-compliant parent.
Step 4: Work with a Family Law Attorney
An experienced family law attorney can help you navigate the enforcement process, file motions, and represent you in court.
Scenario-Based Examples
Scenario 1: Wage Garnishment for Consistent Payments
Situation: Jane’s ex-husband, Tom, stopped making child support payments after losing his job. Jane contacts the OAG, which issues an income withholding order once Tom finds a new job. The payments are automatically deducted from Tom’s paycheck, ensuring consistent support for their child.
Scenario 2: Contempt of Court for Repeated Non-Payment
Situation: Mike owes $15,000 in unpaid child support and has ignored multiple enforcement efforts. His ex-wife, Sarah, files a Motion for Enforcement. The court finds Mike in contempt and orders him to pay the overdue amount or face jail time.
Scenario 3: Tax Refund Interception
Situation: Laura’s ex-spouse, Robert, owes $5,000 in back child support. When Robert files his tax return, the IRS intercepts his refund and applies it to his child support debt, reducing the balance owed to Laura.
Challenges in Enforcing Child Support
Enforcing child support orders is not always straightforward. Common challenges include:
- Locating the Non-Custodial Parent: Parents who move frequently or work under the table can be difficult to track.
- Unreported Income: If a parent is self-employed or earns cash income, wage garnishment may not be effective.
- Lengthy Legal Processes: Enforcement actions can take time, causing delays in receiving payments.
FAQs About Enforcing Child Support
- How Long Can Child Support Be Enforced?
In Texas, unpaid child support (arrears) can be enforced up to 10 years after the child turns 18.
- Can Interest Be Charged on Unpaid Child Support?
Yes, Texas charges 6% interest on unpaid child support balances, which can significantly increase the amount owed over time.
- Can Child Support Be Modified if the Non-Custodial Parent’s Income Changes?
Yes, either parent can request a modification if there is a significant change in financial circumstances.
How can we assist?
Enforcing child support orders is essential to ensuring the well-being of children and protecting custodial parents from financial hardship. Whether through wage garnishment, license suspension, or court actions, there are numerous tools available to hold non-compliant parents accountable.
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.