What Can I Do if My Co-Parent Refuses to Pay Child Support in Texas?
According to a 2020 Census Bureau report, only 62% of authorized child support payments were actually received in 2017. Furthermore, while research suggests that many payees receive some child support on a regular basis, fewer than half report actually receiving the full amount they’re owed based on their child support agreements. All of this data highlights the unfortunate reality that legal action is often necessary in order to ensure that parents receive the funds necessary to reliably meet the needs of their children after a divorce or separation.
In the State of Texas, child support payments are viewed as a serious legal obligation, not a matter of convenience or personal preference. Subsequently, the law allows parents to take legal action in the event that their co-parent fails to meet their child support obligations. Let’s break down some of the options available to parents in cases involving child support non-payment and cover some of the ways an experienced child support attorney can help divorced parents fight for the funds they need to care for their children.
Understanding child support payments under Texas law
Broadly speaking, child support is a fixed amount of compensation that one parent agrees to pay another parent in order to cover expenses related to caring for their shared child(ren). In Texas, child support is typically established through a court order during a divorce and child custody proceedings, though support may also be ordered in certain paternity cases.
Once a court order is put in place, it becomes a legally binding obligation that can be enforced in a variety of ways under Texas law. Failure to comply with a court-ordered child support agreement can lead to significant consequences for the delinquent party that can impact nearly every facet of their life. Even if the paying parent loses a job, experiences financial hardship, or disagrees with how their support payments are being used, they are still required to make payments until the order is modified or terminated by the court and subject to all applicable enforcement actions.
What are the consequences for non-payment of child support?
Non-payment of child support generally falls under the jurisdiction of the Texas Attorney General’s office. This means that when a parent or other mandated party fails to pay child support pursuant to their legal agreement, the court can use a variety of enforcement tools to secure delinquent funds, including:
- Wage garnishment: If a parent fails to pay child support, the court may order that a certain amount of money be taken out of their paycheck to cover the amount of money they owe.
- Interception of tax refunds: If wage garnishment is not an option, the state can instead garnish a delinquent party’s federal and/or state tax refund to cover some or all of the owed payments.
- License suspension: Failure to pay child support can lead to the suspension of driver’s licenses, professional licenses (e.g., medical, legal, real estate), and/or recreational licenses (e.g., hunting, fishing). The state can also refuse to issue a passport to anyone who fails to pay their child support.
- Liens: The state may place a lien on a non-paying parent’s home, vehicle, property, or bank account(s) to secure unpaid support.
- Credit bureau reporting: Late or unpaid child support payments can be reported to credit bureaus, and delinquent payments may appear on the non-paying parent’s credit report for up to seven years.
- Contempt charges: Because child support payments are court-ordered, ongoing failure to pay child support can result in a delinquent party being held in contempt of court. The consequences for being held in contempt of court may include fines, probation, and up to six months in jail.
Any of the consequences outlined above can wreak havoc on a non-paying parent’s life. In many cases, the financial, personal, and legal ramifications for non-payment of child support can far outweigh the burden of simply paying the agreed-upon amounts on time, which is why the State of Texas reserves the right to pursue these cases rapidly and aggressively.
What you can do if your co-parent stops paying
If a court-ordered party begins making inconsistent child support payments or stops paying altogether, there are a few steps you should take right away:
1. Document missed payments
Keep a detailed record of any late, missed, or partial payments from day one. The State of Texas offers a variety of payment options for those with child support obligations, most of which include payment tracking features. Some of the state’s payment options will provide a detailed history of payments and payment dates, which can significantly streamline the record-keeping process for all involved parties.
2. Contact the Child Support Division of the Texas Attorney General’s Office
The Office of the Attorney General (OAG) enforces child support in Texas, making it a crucial point of contact when dealing with non-payment of child support. You can file a complaint through the OAG’s Child Support Division to request that enforcement action be taken against the non-paying party.
3. Talk to a child support lawyer
While the Attorney General’s Office is often the first line of defense in cases involving unpaid child support, the OAG is often tasked with managing a large caseload and may have trouble taking enforcement action in a timely manner. Working with an experienced San Antonio child support lawyer can help you avoid common pitfalls that would add additional time to your case and may even provide you with opportunities to explore alternative resolutions to your child support dispute.
Each child support case is different and may merit different enforcement actions under state law. A trusted child support attorney can help clients better understand their options when dealing with a non-paying parent or custodian and, in some cases, may be able to help these disputes come to more satisfactory, timely conclusions.
Can I deny visitation to a non-paying parent?
It is crucial that Texas parents understand that non-payment of child support does not serve as grounds to withhold or restrict a co-parent’s visitation rights. Child support agreements and visitation schedules are viewed as separate legal issues under state law, and the Attorney General’s Office does not oversee any visitation-related disputes.
While non-payment of child support can be financially and emotionally taxing, denying your co-parent their court-ordered visitation rights can complicate your child support case and even result in legal action being taken against you. Rather than taking matters into your own hands, it is always best to document and report missed child support payments and speak to an experienced attorney about what other legal options may be available to you.
What if my co-parent can’t afford their payments?
It’s not unusual for non-payers to claim that their delinquency is the result of financial hardship. While financial situations can certainly change, it is still up to the court to decide whether a child support agreement should be amended. If your co-parent loses their job, is diagnosed with an illness or disability, or experiences another financial setback, they may petition the court and request that their child support arrangement be modified.
Even after a petition is filed, however, the co-parent is still expected to fulfill their support obligations until or unless the court issues an amended support order. In other words, the act of filing a petition does not, in and of itself, absolve a parent or custodian from making their support payments on time.
Next steps
Pursuing child support enforcement can be emotionally and legally complex, but you shouldn’t let concerns about navigating the system keep you from collecting the payments you are owed. If you are attempting to collect unpaid child support from a co-parent, the experienced San Antonio child support attorneys at Grimshaw Divorce and Child Custody Lawyers can help point you in the right direction for your case.
Our local team can help you understand your legal options, help you file a complaint, and even represent you in court. We recognize that child support payments play a critical role in helping children and parents adjust in the aftermath of a divorce, and we are committed to helping you recover the funds you need to help your family thrive.
Give us a call today or fill out our online contact form to schedule a case evaluation or learn more about how experienced legal representation can help resolve your child support dispute. We are standing by to help fight for your child’s well-being every step of the way.