Texas Child Support Enforcement: Legal Options and Strategies

When it comes to child support in Texas, ensuring that payments are made on time and in the correct amount is vital for the well-being of children. Unfortunately, not all parents follow the rules when it comes to paying child support, which can cause financial hardship for the custodial parent and, more importantly, affect the child’s life. In Texas, there are several legal options and strategies that can be used to enforce child support payments and make sure that children receive the financial support they deserve. Understanding the enforcement process, as well as the strategies available, is crucial for parents who find themselves in difficult situations related to child support. At, McCarty Larson, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding the Basics of Child Support in Texas

Child support is a court-ordered payment that one parent makes to another after a separation or divorce to contribute to the costs of raising their children. In Texas, the courts take child support very seriously because the state recognizes the importance of both parents contributing to the financial needs of the child. The amount of child support is typically determined by the non-custodial parent’s income and the number of children that need support.

Once the court issues an order, the non-custodial parent is legally obligated to make regular payments, usually on a monthly basis. These payments are meant to help cover the child’s basic needs, such as food, shelter, healthcare, and education. While many parents comply with these orders, there are situations where a parent may fail to make the required payments, leading to child support enforcement actions.

Legal Consequences for Non-Payment of Child Support

When a parent fails to pay child support, they are violating a court order, which can lead to serious legal consequences in Texas. The court can use several enforcement methods to encourage the non-paying parent to fulfill their financial obligations. These consequences can include wage garnishment, where a portion of the parent’s paycheck is automatically deducted and sent to the custodial parent. In some cases, the court may also intercept tax refunds, seize property, or place a lien on assets owned by the non-paying parent.

Another potential consequence for non-payment of child support is the suspension of certain licenses. In Texas, failure to pay child support can result in the suspension of a driver’s license, professional licenses, or even a hunting or fishing license. This is a powerful tool that the courts use to motivate parents to meet their child support obligations.

In more extreme cases, a parent who continues to refuse to pay child support despite multiple warnings and enforcement actions could face criminal charges, which could lead to jail time. While imprisonment is generally considered a last resort, the courts are willing to use this option if a parent shows complete disregard for their child support responsibilities.

Legal Options for Enforcing Child Support in Texas

Parents who are struggling to receive child support have several legal options they can pursue in Texas to enforce payment. One of the most common methods is to file a motion for enforcement with the court. This motion notifies the court that the other parent is not complying with the child support order, and it requests the court’s intervention. After reviewing the motion, the court may hold a hearing to determine the best course of action to ensure payments are made.

If the parent has missed multiple payments, the court may issue a judgment for the amount of unpaid support, known as arrears. Once the court issues this judgment, the custodial parent can take additional steps to collect the unpaid child support, including requesting wage garnishment or seizing the non-paying parent’s assets.

Another option is to work with the Texas Attorney General’s Child Support Division, which offers services to help parents enforce child support orders. The Child Support Division can take actions like withholding wages, intercepting federal tax returns, or even referring the case for criminal prosecution if necessary. This can be a helpful resource for parents who are having trouble collecting child support on their own.

Wage Garnishment as an Enforcement Tool

One of the most effective strategies for enforcing child support is wage garnishment, also known as income withholding. Wage garnishment ensures that child support is automatically deducted from the non-paying parent’s paycheck before they even receive their wages. This process removes the risk of the parent deciding not to make payments since the money is taken directly by their employer and sent to the custodial parent.

In Texas, income withholding orders are common in child support cases, and the court can issue these orders to employers to ensure timely payments. In most cases, the amount withheld will be a percentage of the non-custodial parent’s income, and it will continue until all child support obligations, including any past-due payments, are fully satisfied. Wage garnishment can also be used in conjunction with other enforcement strategies to increase the likelihood that the non-paying parent complies with their obligations.

Seizing Tax Refunds and Property

Another effective enforcement strategy in Texas is intercepting tax refunds. If a parent owes back child support, the state can intercept both federal and state tax refunds and apply them toward the unpaid child support. This is a common method used when the non-paying parent has fallen behind on payments, as it allows the state to collect a large sum at once, helping to reduce or eliminate the arrears.

In addition to seizing tax refunds, Texas courts can place liens on the property owned by the non-paying parent, including real estate, vehicles, or other valuable assets. A lien means that the parent cannot sell or refinance the property without first paying off the child support debt. If the parent attempts to sell the property, the proceeds may be used to cover the unpaid child support.

In cases where a lien is not sufficient, the court may even order the seizure of property to satisfy child support debt. This can include the forced sale of valuable items, with the proceeds going directly to cover the unpaid support. These actions are typically reserved for situations where the parent has significant assets but is refusing to pay child support voluntarily.

Suspension of Licenses for Non-Payment

As mentioned earlier, Texas courts have the authority to suspend various types of licenses if a parent falls behind on child support payments. The suspension of a driver’s license is often the first step, as it can create a major inconvenience for the parent, encouraging them to comply with the court order. However, the suspension of professional licenses can also have a significant impact, especially if the parent relies on these licenses for their job. For example, a doctor, lawyer, or contractor could lose their ability to work if their professional license is suspended due to unpaid child support.

This enforcement strategy is not intended to punish the parent but rather to motivate them to take responsibility for their child support obligations. Once the parent begins making payments again and catches up on their arrears, the court can lift the suspension and restore the licenses.

Jail Time as a Last Resort

While the goal of child support enforcement is to ensure that children receive the financial support they need, Texas courts will take harsh measures if necessary. In situations where a parent repeatedly refuses to pay child support despite multiple enforcement actions, the court may hold the parent in contempt of court. This can result in jail time as a last resort.

While imprisonment is not the ideal solution, it does send a clear message that child support orders must be followed. The parent will usually have the opportunity to avoid jail time by agreeing to a payment plan or making a lump-sum payment to catch up on past-due support. However, if the parent continues to ignore their responsibilities, they could face time behind bars.

Working with a Family Law Attorney for Child Support Enforcement

Enforcing child support can be a complicated and stressful process, especially when a parent is unwilling to cooperate. A family law attorney can provide valuable guidance and representation in court to help custodial parents enforce child support orders. Attorneys can assist with filing motions for enforcement, requesting wage garnishment, or taking other legal actions to ensure that child support is paid. By having an attorney handle the enforcement process, custodial parents can focus on caring for their children while leaving the legal matters to a professional.

At McCarty Larson, PLLC, we understand how important it is for children to receive the financial support they deserve. If you are facing difficulties with child support enforcement, our team is ready to assist you. We will work with you to explore all available legal options and strategies to ensure that you and your children receive the support that you are entitled to under Texas law. Reach out to us today to discuss your case and find out how we can help you navigate the enforcement process effectively.