When Child Support Falls Behind: What Parents Can Do to Enforce Payments

According to data from the Administration for Children and Families (ACF), nearly 60% of child support nationwide goes unpaid or underpaid. If you are owed child support, there are a number of differences. enforcement options available. At Thornton Esquire Law Group, PLLC, our Houston child support lawyer puts parents first.

You Should Confirm the Amount Owed and Review the Existing Texas Child Support Order

Parents in Houston should start with the child support order/child support agreement itself. In Texas, child support obligations arise from a court order signed in a Suit Affecting the Parent-Child Relationship under the Texas Family Code. Your ability to seek enforcement depends on the legal obligations. For that reason, you must know the exact monthly amount, the payment due date, whether the court ordered payment through the Texas Child Support Disbursement Unit, and how much in total is delinquent.

Child Support Enforcement Tip: You should not rely on memory alone. It is important to pull a certified copy of the order. You also need to obtain a payment record from the State Disbursement Unit. It is important to compare what the order requires with what the obligor actually paid. Texas courts enforce child support as a cumulative money judgment by operation of law. Document is key.

You Can File a Motion for Child Enforcement and Seek a Judgment

When payments fall behind, Texas law allows you to file a Motion for Enforcement. To be clear, you need to get the details right. It is an important legal document that must be pleaded with sufficient specificity. Among other things, a parent in Houston must identify each missed payment by date and amount. Texas courts require detailed allegations. Our Houston child support lawyer can help.

In a child support enforcement action in Texas, a parent can request that the court confirm the amount owed, calculate it into a cumulative money judgment, and award interest and attorney’s fees. Attorney’s fees in a successful enforcement child support action can be ordered against the obligor. That fee award becomes enforceable as additional child support under state law.

Contempt as an Enforcement Tool: In Texas, courts also retain contempt power. If the obligor (parent who uses child support) had the ability to pay and willfully failed to do so, the court may impose fines or jail time. With that being said, Texas judges do not use incarceration lightly. Still, it remains a real and powerful enforcement tool.

You Can Use Income Withholding and Wage Garnishment (Effective Tool in Many Cases)

In Texas, income withholding stands as one of the most effective enforcement tools for overdue child support. Notably, most child support orders include an Income Withholding Order directed to the obligor’s employer. If the parent who owes child support changes jobs, any child support withholding must follow that new job with them.

If payments stop and no withholding is in place, a parent in Houston can and should request issuance or reissuance of an Income Withholding Order. Texas law authorizes withholding not only for current support but also for arrears. Employers must comply. Failure to withhold can expose an employer to liability.

Note: For self-employed obligors, child support enforcement can become a lot more complicated. The reason is that traditional wage withholding may not apply. In those cases, courts can order turnover of certain nonexempt assets or impose liens. Texas law allows child support liens against real property, personal property, and financial accounts.

You May Be Able to Intercept Tax Refunds, Suspend Licenses, and Seize Assets

Tax Refunds

Both Texas state law and federal law provide administrative enforcement remedies that extend beyond litigation. The Office of the Attorney General may intercept federal income tax refunds to satisfy child support arrears. State tax refunds and certain federal benefits may also be subject to offset. If you have any questions about intercepting a tax refund as an option for recovering past due child support, an experienced Houston child support enforcement attorney can help.

License Suspension

License suspension represents another powerful tool. Texas authorizes suspension of driver’s licenses, professional licenses, and even recreational licenses for significant arrearages. For a parent who relies on a professional credential to earn a living, this pressure can move the case quickly. The threat of a license suspension could be what compels another parent to cooperate.

Liens and Levies

Financial institutions must comply with child support liens and levies. Bank account freezes and asset seizures are lawful when properly executed. These remedies require procedural compliance. Notice must be given, and there are strict deadlines that apply. Any misstep can delay recovery. A properly structured enforcement strategy uses these tools in combination, not isolation. In some cases, liens and levies are the best option to satisfy child support debt.

Why Trust Our Houston Child Support Lawyer for an Enforcement Case

Child support enforcement cases can be complicated. If you are a parent with questions about what you can do to collect on overdue child support, professional guidance and support are available. At Thornton Esquire Law Group, PLLC, we are leaders in family law cases, including child support enforcement. Do not let our smiles fool you: Our firm is ready to take aggressive action to protect your rights and your interests as a parent. Your initial consultation with our Houston, TX, child support lawyer is completely confidential and carries no additional obligations.

Call Our Houston, TX Child Support Attorney Today

At Thornton Esquire Law Group, PLLC, our Houston child support attorneys are committed to solving problems for clients. If you have any questions about your options for enforcing delinquent child support, we can help. Get in touch with us at (713) 401-3998 or send us a message online to set up a completely confidential, no obligation case review. We handle child support cases in Harris County, Galveston County, Montgomery County, Fort Bend County, and Brazoria County.