What Are the Implications of Not Receiving Ordered Child Support in Texas

A divorce or a separation from your child’s other parent is stressful enough without worrying about how you are going to provide for the child’s needs. Texas considers it to be every child’s legal right to receive support from both of their parents, including financial help. That is why the courts mandate child support, so that both parents will contribute to their child’s needs, such as food, housing, healthcare, and education. At C.E. Schmidt & Associates, PLLC, in Houston, TX, we specialize in family law, which makes us a great choice if you need a Houston child support attorney.

What Are the Implications of Not Receiving Ordered Child Support in Texas?

The Impact on Children and Families

If one parent is not contributing financially to the support of their child or children, it can strain all the familial relationships. Not only will there be an increased strain on the relationship between custodial and noncustodial parents, but it can also lead to issues between the noncustodial parent and their children.

In addition, the increased stress on the household budget will not only cause worry in the custodial parent, but also in the children. They may be left distrustful of one or both parents and have concerns that the non-contributing parent does not love them or cannot be trusted to provide for their needs. This sort of anxiety can have a deep impact on children throughout their lives.

The Financial Implications

Unpaid child support can negatively impact the non-paying parent’s credit score, as their refusal to pay will be reported to credit agencies. This can make it harder to obtain loans, rent housing, or even gain employment.

The Legal Implications

If you are not receiving the child support ordered by the court, the non-payer is breaking the law and may face both civil and criminal charges. The Texas Family Code allows that parents may be found in contempt of court for not making child support payments, and the Texas Criminal Code classes criminal nonpayment of support as a felony offense.

What Should I Do If I’m Not Receiving Payments?

The most important thing to do is to act quickly. Your child has a right to support from both parents, so don’t let the grass grow under your feet in advocating for them. The Texas Attorney General’s Office (OAG) is responsible for enforcing child support orders. If your child’s other parent is not paying their child support, you can open a case with them or request enforcement if payments have stopped.

If child support is not being paid, you can file a motion for enforcement in the court that issued the original support order. A judge can then hold the other parent in contempt of court, order them to pay back child support (arrears) in a lump sum or on a payment schedule, and issue additional penalties, including wage garnishment or property seizure. Texas law allows for 6% interest on overdue child support payments, so if arrears have accumulated, you can ask the court to add interest to the total amount owed.

Is It Worth Consulting a Lawyer?

The answer to this question is yes, for a number of reasons. Firstly, it can be difficult as a single parent to hold down a job and take care of your children day to day. Adding an extra task into the mix, especially one that involves familiarizing yourself with the law and the courts, can feel impossible. That’s where an experienced family lawyer comes in; when you talk us through your situation, we will know the steps that need to be taken, and will be able to help you take them.

Secondly, even though pursuing unpaid child support can feel like a big task, it really is very important. These payments are not for you, but for your children. Your children, no matter how bright and capable, are not able to advocate for themselves in this matter. It is up to you to make sure they get what is theirs by right, and we want to help you do that.

What Legal Steps Can Be Taken?

If your child’s other parent is not paying child support, there are a number of methods that can be taken to put pressure on them to pay. There are also ways to collect the money from them directly if they continue to withhold support from their children.

Wage Garnishment

Employers can be required to deduct child support directly from the non-paying parent’s paycheck. This can be applied not only to salary or wages, but also commissions and bonuses, workers’ compensation and unemployment benefits, and retirement and pension payments.

Tax Refund Interception

The state can seize federal and state tax refunds to cover unpaid child support. This way, some of the total of the child support owed can be recovered without your child’s other parent being involved at all.

License Suspension

The state may choose to suspend the non-paying parent’s licenses until payments are made. This includes their driving license, along with professional licenses such as law, medical, or real-estate licenses. Even hunting and fishing licenses can be suspended.

Asset Seizure

The state can place liens on bank accounts, cars, real estate, and other assets to recover unpaid support. In severe cases, they can even seize assets in order that you can recover some of the money your children are owed.

Contempt of Court and Felony Charges

For those who willfully refuse to pay child support, charges may be filed, leading to fines, probation, jail time, and a permanent criminal record.

What Should You Do if You Cannot Pay Your Court-Ordered Child Support?

If you’re struggling to make your payments, do not ignore the issue. If you are struggling to pay because of job loss or other financial hardship, you can request a modification of your child support order through the court. You can also contact the OAG to explain your situation and see if temporary adjustments can be made.

In the meantime, you should also communicate with your child’s other parent to explain the current situation, and continue paying what you can. Even if your relationship with your former partner is strained, it is better to communicate with them to explain your troubles than it is to suddenly stop paying altogether. Additionally, even small payments will demonstrate your good faith and willingness to support your child or children and may prevent you from suffering harsher penalties.

Contact a Houston Child Support Attorney

If you are not receiving the child support payments mandated by the court, then you should act as soon as possible. The issue will only get worse if it is not addressed. We can help you as you report the issue to the OAG or file a motion for you with the court. Additionally, as skilled family lawyers, we can take some of the pressure off you as we advocate for the needs of your children.

Non-payment of child support can lead to financial hardship, anxiety, and disruption of the relationship between parents and children. To protect your kids from these consequences and make sure they get the support that is their right, get in touch with us at C.E. Schmidt & Associates, PLLC, in Houston, TX.