What Legal Remedies Available for the Non-Payment of Child Support?

If the obligor (parent who is ordered to pay child support) is not paying, you may need to file an Enforcement. There can be serious repercussions for not paying child support, the most serious being incarceration.

Enforcement remedies for not paying child support in Texas are designed to ensure that noncustodial parents meet their financial obligations to support their children. Texas has several mechanisms in place to enforce child support orders, and these remedies are intended to encourage compliance. Here are some of the enforcement remedies used in Texas:

Income Withholding: The most common method of child support enforcement is income withholding. This involves deducting child support payments directly from the noncustodial parent's wages or other sources of income, such as unemployment benefits or workers' compensation.

Liens and Levies: The Texas Child Support Division can place liens on the noncustodial parent's property, including real estate, vehicles, and bank accounts, to secure unpaid child support. They can also levy or seize funds from these accounts to satisfy the child support debt.

Tax Refund Intercept: Texas can intercept federal and state income tax refunds to collect unpaid child support. This is done through a partnership with the federal government's Tax Refund Offset Program.

Driver's License Suspension: The state has the authority to suspend the noncustodial parent's driver's license if they fall behind on child support payments. This enforcement tool can be a powerful motivator for compliance.

Professional License Suspension: Texas can suspend various professional licenses, such as those for lawyers, doctors, or nurses, if the license holder is delinquent on child support payments.

Passport Denial: The state can also request that the U.S. Department of State deny a noncustodial parent's passport application or renewal if they owe more than $2,500 in child support.

Contempt of Court: If the noncustodial parent consistently fails to pay child support despite court orders, the custodial parent can request that the court find the noncustodial parent in contempt. This can result in fines, probation, or even jail time.

Credit Reporting: Unpaid child support can be reported to credit bureaus, negatively impacting the noncustodial parent's credit score and making it difficult for them to obtain credit or loans.

If you are not receiving your child support payments, please contact us for more information on your options.