Child support issues can be complex. While some cases are settled amicably, others may require more navigation, and it’s normal to feel overwhelmed in securing the support you’re entitled to.
If you’re not receiving the child support outlined in your court order, avoid taking matters into your own hands. Courts have established procedures to enforce these orders, which may include penalties for nonpayment, like interest on overdue amounts or wage garnishment. Consulting with an attorney can be a smart move to help you obtain the support you deserve.
Let’s explore your options when child support payments are not being made.
What Steps to Take If You Are Not Receiving Child Support in Texas
Child support issues often arise from misunderstandings. A simple letter or call to the other parent can be a friendly reminder. If you have a good relationship with them, a gentle nudge might suffice. However, it’s best to avoid direct communication without consulting an attorney. An experienced San Antonio child support lawyer can effectively handle the situation, using formal correspondence to emphasize the importance of timely and complete payments.
Seek the Help of a Lawyer
If you’re facing significant delays in child support payments, it’s wise to consult with a lawyer. Such delays may indicate that the payor is trying to evade their obligations.
Often, legal action can prompt the payor to fulfill their responsibilities. A call or letter from an attorney can act as a strong reminder, encouraging them to start making payments. Understanding that further legal measures may follow can motivate compliance. This is usually a cost-effective and quick approach that our attorneys recommend first. If that doesn’t work, we can discuss returning to court for additional action.
Request for Enforcement Measures
A court order for child support is a serious obligation. If payments aren’t made, the individual may be violating this order. Fortunately, the court has several enforcement options to ensure you receive the support you deserve.
These can include wage garnishment and penalties that may restrict the payor’s access to certain government services while they owe child support. It’s a good idea to consult with an attorney to understand your options for enforcement and how the court can help you.
Avoid Relying Solely on Self-Help Methods
When navigating family law matters, especially child custody and support, it’s crucial to avoid self-help approaches. While directly contacting the payor may seem reasonable, it’s generally better for your attorney to manage these discussions, particularly in contentious situations.
Additionally, steer clear of aggressive tactics to secure child support, such as reaching out to the payor’s bank or employer. This could be viewed as harassment and might result in legal consequences. Such actions could also reflect poorly in court, impacting your standing as a parent.
Remember, not receiving child support doesn’t excuse you from complying with custody agreements. Withholding children as leverage can lead to serious legal issues, including potential kidnapping charges.
In summary, always adhere to court orders. If you face challenges regarding child support, resolve them through legal channels and trust the court’s processes.
Enforcement of Child Support Orders in Texas
The court has several effective options to enforce its orders. For child support cases, if someone in Texas fails to make their payments for one or more children, they may be deemed in violation of the court’s order. This allows the affected party to return to court and notify the judge. The judge can then impose penalties to encourage compliance or address any defaults.
Civil and Criminal Contempt
In some cases, a judge may choose to incarcerate someone for failing to comply with a court order, especially if it’s evident they have the financial means but are intentionally noncompliant. Judges typically find such defiance unacceptable and may respond with serious measures.
This situation is known as “civil contempt.” In these cases, the individual in custody has the “keys” to their release—they can regain freedom by complying with the order or making the required payment.
On the other hand, “criminal contempt” involves penalties like fines or jail time to punish noncompliance. While civil contempt focuses on ensuring compliance, criminal contempt aims at punishment. Even if the fine is eventually paid, the individual may still serve the jail sentence unless the judge decides otherwise.
However, using contempt as a reason for incarceration isn’t always appropriate. If someone genuinely lacks the financial resources, jail time won’t help them make payments. In many instances, especially for those needing to work to earn money, imprisonment can be counterproductive.
Wage Garnishment
One effective method to ensure payments reach the intended recipient is wage garnishment, wherein a court orders a portion of the payor’s wages or bank deposits to be withheld and sent directly to the recipient for fulfilling financial obligations. Courts can also target bank accounts, property, and other assets if payments are not made.
In Texas, however, wage garnishment is limited. According to Article 16, Section 28 of the Texas Constitution, it is only allowed for child support and spousal maintenance.
For child support, payments are generally based on a percentage of the payor’s disposable income, which is the income remaining after taxes and necessary living expenses. Under Tex. Fam. Code § 158.009, courts may garnish up to 50% of disposable income for child support, though standard guidelines often recommend lower percentages—such as 30% for those with three children. This means courts can garnish the designated percentage along with any extra income needed to cover overdue payments and legal fees.
It’s important to understand that garnishment isn’t automatic. Payments must be overdue by more than a month, or there must be another breach of the child support order, such as failing to maintain the child’s health insurance. Courts also consider the payor’s current spousal and parental responsibilities before approving garnishment.
Additional Penalties
To encourage individuals to meet their child support obligations, several additional penalties are in place. While these measures aren’t labeled as punishments, they effectively motivate those behind on payments to settle their debts.
Common penalties involve restrictions on government services and privileges. For example, individuals who miss child support payments may face passport application limitations, complicating both domestic and international travel. With REAL ID laws in Texas, residents must show either a passport or a REAL ID-compliant ID when flying, making passport restrictions especially significant.
In Texas, individuals with outstanding child support payments may also be denied the renewal of their driver’s license or vehicle registration. This can disrupt daily activities, such as commuting to work. Typically, these restrictions begin after three months of non-payment for driver’s licenses and six months for vehicle registrations. Overall, these measures effectively encourage compliance with court-ordered payments.
Navigate Child Support Challenges with Professional Guidance
Many people try to handle child support issues on their own, which can make things worse. If you’re in San Antonio and struggling to receive your child support payments, you don’t have to navigate this alone. Reach out to an experienced child support attorney for assistance. Contact us today for a free consultation.