Every parent has a legal obligation to provide for their children. When parents live apart due to being unmarried or separated, the non-residential parent will generally be required to make monthly child support payments to provide for a variety of things, including shelter, food, and after-school activities.

Unfortunately, not every parent keeps up with this obligation. Our attorneys can help enforce existing child support orders and secure the missed payments you are owed. 

What to Do if Your Child Support Payments Have Stopped in Texas

You have the right to hire an attorney to help with this process if your child support payments are late or have stopped. While the Attorney General can bring an enforcement action, your own legal counsel is likely to not only begin the process sooner but also have more time to dedicate to your case.

There are different options available for collecting delinquent payments. Once the court determines that your co-parent is behind, a judge could allow you to:

• Garnish their wages
• Freeze bank accounts
• File liens on real estate
• Attaching lotto winnings
• Driver’s license suspensions
• Incarcerate the other parent for contempt

Note: It is uncommon for judges to take the drastic step of putting someone in jail over non-payment. Letting the other party remain free to work is more likely to lead to future payments.

How Child Support Enforcement Works

The Attorney General’s Child Support Division oversees the child support payment process in Texas. There are different ways this money can be collected, including payroll deduction, mail payments, or online payments. While the Division keeps track of late payments, it is not always quick to act. There is often a substantial backlog to get through, so relying solely on the Attorney General is often not the quickest resolution.

About Automatic Wage Withholding

Texas Family Code, Section 154.007 states all child support orders must include provisions for income withholding unless both parties agree otherwise and the court finds that an alternative arrangement is in the child’s best interest. This means child support payments are automatically deducted from the non-custodial parent’s paycheck and sent to the appropriate state agency, which then forwards the payments to the custodial parent. 

Amending Court Orders

There are some valid reasons that make it difficult or impossible for a person to make their ongoing payments. A serious illness or the loss of employment are two common examples. In these situations a parent should petition the court immediately after these events instead of failing to make a court-ordered payment.

When circumstances change in a material way, the courts have the power to alter the terms of the child custody arrangement. This will not absolve someone of any delinquent payments they currently owe.

Talk to a Child Support Enforcement Attorney Right Away

If your co-parent is behind on child support, now is the time to act. You have options when it comes to enforcing your rights, and you are entitled to hire an attorney to help you.

At Barton & Associates Attorneys at Law, PLLC, we understand how crucial this support is for you and your family. We will take the steps necessary to resolve the nonpayment as soon as possible. Whether it is through negotiating directly with the other party or pursuing legal action, we are here to help. Contact us today for a private consultation to learn about the next steps.