An array of issues can arise when a parent stops providing child support. Not only could damage your relationship with your child, but it could result in you facing jail time as well as other negative consequences for failing to pay child support.
This article will highlight 8 different issues that could arise when you fail to pay child support in Texas.
1 – Failing to pay child support could result in jail time
If you were ordered to pay child support and don’t make your payments either due to an inability to pay or negligence, the other parent can take you to court. If a judge finds that a partner purposefully failed to pay child support, they could find you in contempt of court for violating a court order, and you can be sentenced to jail for up to six months.
Under Texas Penal Code 25.05, a person commits the offense of “criminal nonsupport” if the person “intentionally or knowingly” fails to provide child support. A state jail felony punishable up to six months or up to two years in a state jail with up to a maximum $10,000 fine is possible for criminal non-support cases. An arrest is permitted if a parent failures to pay child support in Texas.
If you are a parent that is purposefully avoiding your court-ordered obligation to pay child support, you could then end up on the Texas Attorney General’s website; one that operates a Child Support Evader program which publishes the names and photos of parents that owe more than $5,000 in child support and that have a warrant our for their arrest.
2 – Failing to pay child support could result in the loss of your driver’s license (and other licenses)
Under Chapter 232 of the Texas Family Code, in the event a parent fails to pay child support, their driver’s license can be suspended and any other license issued by the state of Texas. This can include a professional license, a license to carry, and even a hunting or fishing license.
3 – In Texas, child support can be taken from your paycheck in order to pay
Most court orders include an automatic income withholding order, which means that your wages can be taken from your paycheck to pay child support. The withholding order is sent to the non-custodial parent’s employer alerting them to withhold child support from their paycheck.
4 – If you fail to pay child support in Texas, your tax returns can be seized
Not only can your wages be removed from your paycheck if you fail to pay child support, but the other parent can request that the child support office intercept your state and federal tax refunds. After this is done, the child support office will send the money to the custodial parent to help in what is owed in the child support.
* Money can also be seized from lottery winnings.
5 – A lien could be put on your property, bank account(s), or retirement plans for failing to pay child support
The Texas Attorney General’s Office can file a lien on your property, bank account(s), retirement plans, and any other assets if you fail to pay child support.
6 – You may not be eligible for a passport if you fail to pay child support
You can be denied a new or renewed passport if it is found that you owe more than $2,500 in child support.
7 – Your credit score can be affected if you owe back child support
If you are behind or fail to pay child support, your credit scores can drop. This is because the Texas Attorney General’s Office is required to report both the amount of child support you owe and the amount that has already been paid to the credit reporting agencies.
8 – It’s possible to lose your settlement on a personal injury case
According to Texas law, a child support lien can be placed on personal injury settlements. If a noncustodial parent receives a settlement from a personal injury case and is wither behind on child support payments or refuses to pay, then a portion of that settlement can be taken and applied towards child support.
In matters of child support, seek the help of an experienced attorney
Because Texas has a zero-tolerance when it comes to child support, it’s important to ensure you always pay on time and what is asked of you. No matter the reason for not paying child support whether that’s due to job loss or lack of income, it’s important to seek the help of an experience attorney that can assist you in your child support journey.
A lawyer can help in getting your child support lowered and guide you through the child support process making you aware of your rights. Contact us today for a free consultation.