This article addresses how to obtain evidence that the other parent has failed to pay court-ordered child support in Harris County and Montgomery County, Texas. If you’re dealing with this situation, you’re not alone. Many parents contact me daily, frustrated that the other parent is not fulfilling their financial responsibilities.
If you have a Texas court order for child support and payments are being missed, there are legal remedies available—one of the most effective being a Motion to Enforce by Contempt.
What is a Motion to Enforce Child Support by Contempt?
A Motion to Enforce by Contempt is a formal request asking the court to enforce an existing child support order. In simple terms, it alleges that the other parent has failed to comply with a court-ordered obligation.
If the court finds the parent has violated the order, they may be held in contempt of court. This can result in serious legal consequences, including:
- Fines or monetary sanctions
- Jail time
- Probation
- An order to pay the other parent’s attorney’s fees
Steps to Prove Non-Payment of Child Support
To proceed with enforcement, you must gather evidence showing that the other parent did not pay as ordered. Here’s how the process typically works:
1. Serve the Motion to Enforce
Once the motion to enforce is filed, the non-paying parent must be formally served. After service, the court will set a date for a hearing where both parties can present evidence.
2. Obtain Payment Records from the Office of the Attorney General (OAG)
In most Texas child support cases, payments are processed through the Office of the Attorney General (OAG). This agency keeps a complete record of all payments made.
As your attorney, one of my first steps is to obtain a copy of your child support payment history from the OAG. These records are often available online. If you’ve already created an account on the Attorney General’s child support portal, you may be able to access and print them yourself.
If you don’t have an account, I will contact the OAG to notify them that I am representing you. Within a week or two, I can usually gain online access to your records.
3. Review the Child Support Order
Next, I review your original child support order to determine:
- How much was ordered
- How often payments were due
- Whether there are any arrears
This step is critical to identifying missed or late payments.
4. Create a Child Support Payment Spreadsheet
I then create a detailed spreadsheet showing:
- What child support should have been paid
- What was actually paid
- The total amount still owed
This document is a powerful piece of evidence I can present to the judge to illustrate repeated violations of the court order.
What Evidence Is Presented at the Hearing?
At the enforcement hearing, we typically present:
- A certified copy of the child support payment history from the Office of the Attorney General
- A custom spreadsheet comparing required payments to actual payments
- Testimony from the receiving parent confirming that no additional payments were made directly outside the OAG
These three pieces of evidence work together to provide a clear picture of the other parent’s failure to comply with the child support order.
Proving Missed Child Support Payments in Texas: Frequently Asked Questions
Need Help Enforcing a Child Support Order in Texas?
If you’re in Harris County or Montgomery County, Texas, and the other parent is not paying child support as ordered, legal help is available. I assist parents in preparing strong enforcement cases backed by documentation and legal strategy.
Contact me today to schedule a consultation and begin the process of holding the other parent accountable. Your child deserves the support they’ve been promised.
![Adobe Stock 62844981[2]](https://www.bryanfagan.com/wp-content/uploads/2023/09/AdobeStock_628449812.jpeg)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Important Information Explained Regarding Child Support and Medical Support in Texas, Part Two
- Texas Child Support Basics
- Texas Child Support Basics, Part Two
- Can my Texas Driver’s License Be Suspended for Not paying Child Support?
- Child Support Modification in Texas (Part 1)
- What do I do if I have overpaid child support in Texas?
- Child Custody Basics in Texas
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Texas Child Support – Trust and Annuities
Law Office of Bryan Fagan, PLLC | Tomball, Texas Child Support Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding child support, it’s important to speak with one of our Tomball, TX Child Support Lawyers immediately to protect your rights.
Our child support lawyers in Tomball TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles child support cases in Tomball, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
