This article addresses obtaining evidence showing the other parent has not paid their court-ordered child support in Harris and Montgomery County in Texas.
Generally, a day does not go by where I do not receive a call from a parent who is upset because the other parent is not helping to financially support their child. If this is a case that involves Court Ordered child support. One remedy is to bring a “motion to enforce by contempt.”
In a nutshell, a “motion to enforce by contempt” is a request for help from the Court alleging the other parent has failed to obey an earlier Court Order. If the court finds the parent has violated the Court's Order, The Court may find that parent in contempt.
If this happens some things a Court may do, include sanctioning the violating parent with money damages, jailing, putting the parent on probation, and forcing the violating parent to pay the other parent's attorney’s fees.
Once the parent who is not paying child support is served with a “motion to enforce by contempt” the next step is to have a hearing and put on evidence that they have failed to pay child support.
To prepare for the hearing one of the steps is to gather evidence of the violating parent’s failure to pay child support. This has gotten easier because more and more courts are requiring child support payments to go through the Office of the Attorney General.
If this is the case, then it means the Office of the Attorney General will have a record of all payments that have been made. One of my first steps as an attorney helping my client to bring an enforcement case is to obtain a copy of this record. These records are now available online. If the client is comfortable with computers and the internet they may have already set up an account on the Office of the Attorney Generals' website. If they have set up an account, then I ask them to print out or download a copy of the child support record for me. However, if they do not have an account then I will email/fax the Office of Attorney General letting them know I am now the attorney of record for my client, and after a week or two and I will have access to the records online.
One of my next steps is looking at the child support order and figuring out how much how should have been paid and how often it should have been paid. I then prepared an excel sheet of all the payments that should have been paid along with all the payments that have been made. Once that is done, I have an excellent tool showing how many times the child support order has been violated that I can present to the Judge.
On the day of the hearing in an enforcement case evidence generally will consist of admitting 1) A copy of the Office of Attorney General's record of child support payments and 2) Some sort of spreadsheet showing what was supposed to have been paid and what was paid 3) Testimony from the parent who was supposed to be receiving child support that no other payments were received directly.
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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.