Family Law Cases in Texas: Defenses to Child Support Enforcement Suits

If you’re unable to meet the child support obligations ordered by the court, there are defenses available for your child support defense during an enforcement hearing. It’s crucial to explore these defenses promptly, as child support enforcement cases often follow a straightforward path. Failure to make timely and full payments as specified in the court order may result in contempt charges. One potential defense arises if, as the possessory conservator and custodial parent, you allowed the child to reside with you for any period. This exemption aligns with the principle that noncustodial parents are responsible for supporting their children continuously, with child support payments intended to substitute for parental care and support when the child is not in their custody.

Voluntarily relinquishment of your child to you.

Voluntarily relinquishment to you by your child’s other parent is a defense to your having to pay child support.

If you possess custody of your child beyond the terms outlined in your prior order, you should not incur additional support obligations. Payments made during periods when you have extended custody beyond the court’s orders could entitle you to credits for those payments. You must show that your child was living with you on a day in, day out the basis for whatever period you are offering this defense.

Being unable to pay the child support obligation

Another defense available in an enforcement hearing is the inability to pay the child support ordered. To invoke this defense, you must demonstrate that you had no means to fulfill the support obligation. This entails proving that you lacked assets that could have been liquidated to meet the required payments.

Do you have a wealthy parent, friend, or another relative that you could have borrowed the money from to pay your child support?

If you did and did not inquire about a loan, the court may find your defense lacking and order you to pay any back support you may owe. I realize that asking a relative or friend for a loan is uncomfortable. However, evidence indicating the presence of affluent relatives who were not approached for a loan to fulfill a child support obligation has influenced courts.

Direct Payments to the other parent that are not reflected in the Attorney General’s ledger of payments

The Office of the Attorney General has a ledger that details the date payments for child support are due, along with the amount paid (if any) and the arrearage in place for any partial payments received. It is relatively standard for costs to go through the State Disbursement Unit and then to the bank account of your child’s other parent. This way, proving whether payments were made or not made typically presents no issue.

In some scenarios, you and your child’s other parent may have spoken or worked out an arrangement where you pay them directly rather than going through the Disbursement Unit. For instance, you may have switched jobs and not had a new Wage Withholding Order submitted to the court with your new employer’s information. Or, perhaps you and the other parent are on friendlier terms where they feel comfortable accepting money for child support directly from you.

From my experience, while this sounds like an excellent idea, in practice, it almost always blows up in the obligor parent’s face the first time a payment is missing, late, or made only partially. You have no protection other than offering this defense at an enforcement hearing if the other parent decides to file an enforcement suit against you for failure to pay child support. You must prove that you were not given credit for all payments made.

How can you prove to a judge that you made the payments directly to the other parent?

Indeed, check copies, money order receipts, or cashier’s checks serve as valuable evidence to support defenses in a child support enforcement case. However, it’s important to note that some judges may not recognize direct payments to the other parent for child support purposes. Consequently, it’s advisable to refrain from this practice if your prior order does not permit immediate child support. Despite its apparent convenience or the amicability of the other parent, making direct child support payments can be detrimental. Instead, opt for payments through the State Disbursement Unit, ensuring automatic deductions from your paycheck and removing the burden from your hands.

Past Behavior as an indicator of compliance

In criminal law, the principle exists that a person’s “prior bad acts” cannot be utilized to suggest that they committed a current crime. Your past should not influence the legal system in charging you with a crime, in other words.

However, in a child support enforcement case, a judge can consider your past Behavior as compliance with paying support when determining punishment for you. Once both sides have presented all their evidence, the judge will review evidence related to discipline.

Suppose you and your attorney can be sure to provide evidence to the judge showing that previously you had never missed a child support payment, etc. Consider your circumstances when determining what punishment is appropriate, utilizing this information.

Defenses to the failure to pay spousal maintenance

Similar to child support, you must adhere to the orders specified in your prior court order when making spousal maintenance payments.

An inability to pay spousal support is also a defense, as seen in the above sections on child support payment defenses. You must persuade a judge that you had no property to sell to meet the spousal support obligation and that you were unaware of any sources from which to borrow the money.

The alternative to that defense is to present evidence that your ex-spouse has engaged in a romantic relationship and has been cohabitating with that individual. This constitutes another valid defense against failing to pay spousal maintenance. If successful, you may also find yourself relieved of any future obligation to pay spousal maintenance.

Conclusion

Understanding and utilizing the available defenses in child support cases are crucial for navigating enforcement hearings effectively. Failure to meet child support obligations can lead to serious legal consequences, including contempt charges. Exploring potential defenses, such as periods when the child resides with the possessory conservator, can offer relief from undue financial burdens. It’s imperative to address child support issues promptly and seek legal guidance to ensure the best possible outcome in such situations.

Punishments for the failure to pay child support- tomorrow’s blog topic

The attorneys with the Law Office of Bryan Fagan, PLLC, appreciate your time and attention as we go through some of the different aspects of child support enforcement cases. This is an important subject and one that we have found people just like you have questions about with great frequency. Check back in tomorrow as we go over the punishment phase of a child support enforcement case.

If you have questions on this or any other topic in the field of family law, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys will be available to meet with you six days a week to answer questions and help you problem-solve through your situation. Consultations with our office are free of charge.

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Other Articles you may be interested in:

1. Family Law Enforcement Hearings: Agreements to Settle and Trial
2. Reviewing your case history is crucial to success in an enforcement case
3. Texas Family Law Court: Enforcement Actions
4. How much will your child support enforcement case cost?
5. The Steps of an Enforcement Case in Texas family law court
6. Preparing for an Enforcement case in Texas
7. Defending against an Enforcement Action in Texas
8. Enforcement Suits in Texas Family Law, Part Five
9. Enforcement Suits in Texas Family Law, Part Four
10. Enforcement Suits in Texas Family Law, Part Three
11. Enforcement Suits in Texas Family Law, Part Two
12. Enforcement Suits in Texas Family Law: An Overview
13. Child Support Enforcement Defense – Act Sooner Rather than Later
14. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
15. What is the Statute of Limitations?

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.